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Bili Términos de Servicio

Last Updated: November 10, 2023 

Welcome, and thank you for your interest in the Bili App (“Bili” “we,” or “us”) and our website at www.thebiliapp.com, along with our related websites, networks, applications, and other services provided by us (collectively, the “Service”). By using the Services or accessing any content or material that is made available by Bili or its users through the Service you understand and agree to accept and adhere to the following terms and conditions as stated herein, including any future modifications. Bili may amend, update, or change these terms and conditions. If we do this, we will post a notice that we have made changes to these terms and conditions on the Websites of any material modifications of the Terms, and will indicate at the bottom of the Terms of Service the date these terms were last revised. Any revisions to these Terms of Service will become effective the first time you access or use the Service after such changes. 

Your agreement with us includes these Terms and our Privacy Policy which can be reviewed and accessed here: www.thebiliapp.com/terms. The Terms, Privacy Policy, and any additional terms or agreements that you have agreed to are referred to as the “Agreements”. If you wish to review the terms of the Agreements, the effective version of the Agreements can be found on Bili’s website.

Please read the Agreements carefully as they contain important information about Bili Services provided to you and any fees and charges applicable to the Services. You acknowledge that you have read and understood the Agreements, accept these Agreements, and agree to be bound by them. If you don’t agree with (or cannot comply with) the Agreements, then you may not use the Bili Service or consume any Resources.

You promise that your registration information and any other information that you submit to us are true, accurate, and complete, and you agree to keep it that way at all times. If you have provided incorrect or inaccurate information, you should return to the log-in screen or correct such information in your account settings. You promise that no other person shall be allowed to use or access your account, or in any other way make use of the rights conferred to you pursuant to the agreements.

ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 16, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND BILI ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. (See Section 15.)

1.          Overview. Bili provides its users with online access to stories, games, and other digital content related to learning or practicing a language (“Content”). Bili offers accounts for teachers, librarians and educators (“Educators”) and parents or legal guardians (“Parents”). To access most features of the Service, you must register for either an Educator or Parent account. Bili may, in its sole discretion and at any time, update, change, suspend, make improvements to or discontinue any aspect of the Content, temporarily or permanently.

2.         Eligibility. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. Minors under the age of 18, may use the service through the supervision of an Educator or Parent. 

2.1.       Educators. If you are an Educator accessing the Service on behalf of a school or other entity, organization or company, then (a) references to “you” in these Terms includes that entity, and (b) you represent and warrant that you are authorized to enter into these Terms on behalf of such entity.

2.2.       Parents. If you are a Parent or legal guardian who allows your minor children to use the Service through your account, you accept these Terms on behalf of your child and are responsible for your child’s activity on the Service.

2.3.       Prohibited Users. Bili complies with the Children’s Online Privacy Protection Act and does not permit registration by, and will not knowingly collect personally identifiable information from, anyone under the age of 13. Registration created under false or fraudulent pretenses constitutes an unauthorized use of the Service, and such accounts will be deleted by Bili. If you are a parent or legal guardian of a child under 13 years old and believe that your child has provided personal information to our site, you may contact us at support@bilingualgeneration.com to request deletion of your child’s personal information.

Users represent and warrant that you are not: (1) organized under the laws of, operating from, or otherwise ordinarily resident in a country or territory that is the target of comprehensive U.S. economic or trade sanctions (i.e., an embargo); (2) identified on a list of prohibited or restricted persons, such as the U.S. Treasury Department’s List of Specially Designated Nationals and Blocked Persons; or (3) otherwise the target of U.S. sanctions.

3.         Accounts and Registration. When you register for an account, you may be required to provide us with some information about yourself and/or your organization, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at support@bilingualgeneration.com. 

4.        General Payment Terms. Although Bili may, in its discretion, make certain features and content of the Service available free of charge to certain users, other features of the Service may require you to pay fees in accordance with the terms below. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. Dollars and are non-refundable.

4.1.       Price. Bili reserves the right to determine pricing for the Service. Bili will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our website periodically for current pricing information. Bili may change the fees for any feature of the Service, including additional fees or charges, by giving you advance notice of changes before they apply. Bili, at its sole discretion, may make promotional offers with different features and different pricing to any of Bili’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.

4.2.       Authorization. You authorize Bili to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by Bili, including all applicable taxes, to the payment method specified in your account. If you pay any fees with a credit card, Bili may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.

4.3.       Subscription Service. The Service may include automatically recurring payments for periodic charges (“Subscription Service”). If you activate a Subscription Service, you authorize Bili to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The “Subscription Billing Date” is the date when you purchase your first subscription to the Service. For information on the “Subscription Fee”, please see https://thebiliapp.com/pricing. 

UNLESS EXPRESSLY STATED OTHERWISE AT THE TIME YOU ACTIVATE THE SUBSCRIPTION SERVICE: (A) YOUR ACCOUNT WILL BE CHARGED AUTOMATICALLY ON THE SUBSCRIPTION BILLING DATE ALL APPLICABLE FEES AND TAXES FOR THE NEXT SUBSCRIPTION PERIOD, (B) THE SUBSCRIPTION WILL CONTINUE UNLESS AND UNTIL YOU CANCEL YOUR SUBSCRIPTION OR WE TERMINATE IT, AND (C) YOU MUST CANCEL YOUR SUBSCRIPTION BEFORE IT RENEWS IN ORDER TO AVOID BILLING OF THE NEXT PERIODIC SUBSCRIPTION FEE TO YOUR ACCOUNT. If you cancel your periodic subscription, you will continue to have access to the service through the end of your current billing period. We will bill the periodic Subscription Fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). You may cancel the Subscription Service by contacting us at: support@bilingualgeneration.com.

4.4.          Delinquent Accounts. Bili may suspend or terminate access to the Service, including fee-based portions of the Service, for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any the unpaid amount, including collection fees.

4.5.          Third-Party Payment Processing. All financial transactions made in connection with the Service will be processed by a third-party in accordance with their respective terms of use, privacy policy, and/or any applicable payment terms and conditions. We encourage you to learn about the practices of such third-party. In no event will Bili be responsible for the actions or inactions of any third-party payment processor, including, but not limited to, system downtime or payment service outages.

5.   Licenses

5.1.       Limited License. Subject to your complete and ongoing compliance with these Terms, Bili grants you, solely for your personal use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service.

5.2.       License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make modifications to the Service;  (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism; or (d) derive or attempt to derive the source code of all of any portion of any App, permit any third party to derive or attempt to derive such source code, or reverse engineer, decompile, disassemble, or translate any App or any part thereof. If you are prohibited under applicable law from using the Service, you may not use it.

5.3.       Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant Bili an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.

6.         Ownership; Proprietary Rights. The Service is owned and operated by Language Preservation Project LLC. The Content, visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by Bili are protected by intellectual property and other laws. All Materials included in the Service are the property of Bili or its third-party licensors. Except as expressly authorized by Bili, you may not make use, modify, copy, distribute, frame, reproduce, republish, download, scrape, display, post, transmit, or sell in any form of by any means, in whole or in part, the Materials. Bili reserves all rights to the Materials not granted expressly in these Terms.

“Bili” and all other trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or service marks of Bili or their respective owners, and certain of them are registered with the United States Patent and Trademark Office or other trademark authorities. Access and use of the Service does not grant or provide you with the right or license to reproduce or otherwise use the Bili name or any Bili or third-party trademarks, service marks, graphics, or logos.

7.       Third Party Services and Linked Websites. Bili is integrated with third party applications, websites, and services (“Third Party Applications”) to make available content, products, and/or services to you. These Third Party Applications may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that Bili does not endorse and is not responsible or liable for the behavior, features, or content of any Third Party Application or for any transaction you may enter into with the provider of any such Third Party Applications. The Service may also contain links to third party websites. Linked websites are not under Bili’s control, and Bili is not responsible for their content.

8.   User Content

8.1.       User Content Generally. Certain features of the Service may permit users to upload content to the Service, including messages, ratings, reviews, photos, video, images, folders, data, text, audio clips, audiovisual work, translations, and other types of works (“User Content”) and to publish User Content on the Service. You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Service.

8.2.       Limited License Grant to Bili. By providing User Content to or via the Service, you grant Bili a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable, fully paid right and license (with the right to sublicense) to use, copy, adapt, host, store, transfer, publicly display, perform, reproduce, modify and creative derivative works for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed. You acknowledge that this license cannot be terminated by you once your Content is submitted to the Service. 

8.3       User Content Representations and Warranties. Bili disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant that:

  1. You are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Bili and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Bili, the Service, and these Terms;
  2. Your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Bili to violate any law or regulation; 
  3. Your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate; and
  4. You understand that other users will have access to the User Content and that neither they or Bili have any obligation to you or anyone else to maintain the confidentiality of the User Content.

8.4       User Content Disclaimer. Bili does not control and does not have any obligation to monitor: (a) User Content; (b) any content made available by third parties; or (c) the use of the Service by its users. We will not be in any way responsible or liable for User Content. Bili may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You acknowledge and agree that Bili reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If at any time Bili chooses to monitor the content, Bili still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy.

9.          Prohibited Conduct. BY USING THE SERVICE, YOU AGREE NOT TO:

  1. use the Service for any illegal purpose or in violation of any local, state, national, or international law;
  2. violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
  3. interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
  4. interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
  5. perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission;
  6. sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 6) or any right or ability to view, access, or use any Materials; or
  7. attempt to do any of the acts described in this Section 9 or assist or permit any person in engaging in any of the acts described in this Section 9.

10.      Modification of these Terms. We may, from time to time, change these Terms. Changes will apply only on a going-forward basis, and any disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose. Please check these Terms periodically for changes. Unless otherwise stated, revisions will be effective upon posting except that, for existing users, we will provide reasonable advance notice of any material modifications of the Terms and the opportunity to review the changes. If you do not agree to the modified Terms, you may terminate your account prior to the effective date of the revised Terms by contacting support@bilingualgeneration.com to terminate your account, and, if you have prepaid for any Services, request a pro rata refund for the remainder of your prepaid subscription. Except as expressly permitted in this Section, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms.

11.        Term, Termination and Modification of the Service

11.1       Term. These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in Section 11.2.

11.2       Termination. If you violate any provision of these Terms, your authorization to access the Service and these Terms automatically terminate. In addition, Bili may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time by contacting customer service at support@bilingualgeneration.com.

11.3.       Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) you must pay Bili any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination, along with relevant sections of this agreement, will survive.

11.4.       Modification of the Service. Bili reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Bili will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service. The availability of Content may change from time to time, and from geographic territory to territory. As a result, we do not guarantee that any Content will be available or remain available on the Service.

12.           Indemnity. To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify Bili and its officers, directors, employees, consultants, affiliates, subsidiaries and agents from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

13.   Disclaimers; No Warranties

THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. BILI DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. BILI DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND BILI DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR BILI ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE BILI ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Bili does not disclaim any warranty or other right that Bili is prohibited from disclaiming under applicable law.

14.   Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE BILI ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY BILI ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE BILI ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO BILI FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; OR (B) $100.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 14 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

15.   Dispute Resolution and Arbitration

15.1       Generally. In the interest of resolving disputes between you and Bili in the most expedient and cost-effective manner, you and Bili agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND BILI ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

16.   Miscellaneous

16.1       General Terms. These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Bili regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to”. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

16.2       Governing Law. These Terms are governed by the laws of the State of Texas without regard to conflict of law principles. You and Bili submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Texas for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Service from our offices in Texas, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.

16.3       Privacy Policy. Please read the Bili Privacy Policy carefully for information relating to our collection, use, storage, disclosure of your personal information. The Bili Privacy Policy is incorporated by this reference into, and made a part of, these Terms.

16.4       Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.

16.5       Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

16.6       Marketing Communications. We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.

16.7       No Support. We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.

16.8       International Use. The Service is intended for visitors located within the United States. We make no representation that the Service is appropriate or available for use outside of the United States. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.

17.   Notice Regarding Apple. This Section 17 only applies to the extent you are using our mobile application on an iOS device. You acknowledge that these Terms are between you and Bili only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Service or the content thereof. Apple has no obligation to furnish any maintenance and support services with respect to the Service. If the Service fails to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (a) product liability claims; (b) any claim that the Service fails to conform to any applicable legal or regulatory requirement; or (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the Service infringe a third party’s intellectual property rights. You agree to comply with any applicable third party terms when using the Service. Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms. You hereby 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.

18.        California Resident If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.

19.        Notice for Claims of Copyright Violations and Agent for Notice

If you are a copyright owner and have a good faith belief that any material available through the Service infringes upon your copyrights, you may submit a copyright infringement notification to Bili pursuant to the Digital Millennium Copyright Act by providing us with the following information in writing:

  • an electronic or physical signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

Please consult your legal counsel for further details or see 17 U.S.C. §512(c)(3). Bili’s Agent for Notice of claims of copyright infringement can be reached as follows: support@bilingualgeneration.com

For clarity, only copyright infringement notices should go to our Copyright Agent. You acknowledge that if you fail to comply with all of the requirements of this section your notice may not be valid.

20.        Language

This agreement was originally written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls.