Terms and Conditions of Service

  • General

    PhraseShare website ("Website") and mobile applications ("Apps"), and related services (the "Service") are operated by PhraseShare LLC. ("PhraseShare", "us", or "we"). Access and use of the Service is subject to the following Terms and Conditions of Service ("Terms and Conditions"). By accessing or using any part of the Service, you represent that you have read, understood, and agree to be bound by these Terms and Conditions including any future modifications. PhraseShare may amend, update or change these Terms and Conditions. We will post a notice on the Websites for at least 7 days after the changes are posted. If you do not agree to abide by these Terms and Conditions, you are not authorized to use, access or participate in the Service.

    Please note that these Terms and Conditions contain a Mandatory Arbitration of Disputes provision that requires the use of arbitration on an individual basis to resolve disputes in certain circumstances, rather than jury trials or class action lawsuits.

  • Description of Website and Service

    The Service allows users to search and share user-created translations of phrases in different languages and dialects. PhraseShare may, in its sole discretion and at any time, update, change, suspend, make improvements to or discontinue any aspect of the Service, temporarily or permanently.

  • Registration; Submission of Content
    1. Registration

      In connection with registering for and using the Service, you agree

      1. to provide accurate, current and complete information about you as requested by PhraseShare

      2. to maintain the confidentiality of your password and other information related to the security of your account

      3. to maintain and promptly update any registration information you provide to PhraseShare, to keep such information accurate, current and complete

      4. to be fully responsible for all use of your account and for any actions that take place through your account.

    2. General Content

      As a condition of submitting any, information, data, text, photographs, audio clips, translations, or other materials on the Services ("Content"), you hereby grant to PhraseShare a royalty free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, create derivative works from, incorporate such Content into other works, sublicense through multiple tiers the Content, and acknowledge that this license cannot be terminated by you once your Content is submitted to the Services. You represent that you own or have secured all legal rights necessary for the Content submitted by you to be used by you, PhraseShare, and others as described and otherwise contemplated in these Terms and Conditions. You understand that other users will have access to the Content and that neither they nor PhraseShare have any obligation to you or anyone else to maintain the confidentiality of the Content.

  • Your Representations and Warranties

    You represent and warrant to PhraseShare that your access and use of the Service will be in accordance with these Terms and Conditions and with all applicable laws, rules, and regulations of the United States and any other relevant jurisdiction, including those regarding online conduct or acceptable content, and those regarding the transmission of data or information exported from the United States and/or the jurisdiction in which you reside. You further represent and warrant that you have created or own any material you submit via the Service and that you have the right, as applicable, to grant us a license to use that material as set forth above or the right to assign that material to us as set forth below.

  • Inappropriate Use

    You will not upload, display or otherwise provide on or through the Service any content that:

    1. Is libelous, defamatory, abusive, threatening, harassing, hateful, offensive, or otherwise violates any law or infringes upon the right of any third party (including copyright, trademark, privacy, publicity or other personal or proprietary rights)

    2. In PhraseShare’s sole judgment, is objectionable or which restricts or inhibits any other person from using the Service or which may expose PhraseShare or its users to any harm or liability of any kind.

  • User Content Moderation and Enforcement

    If PhraseShare in its sole discretion determines that user Content violates any policy stated in these Terms, PhraseShare will remove or modify the user Content, with or without notice to you.

    If PhraseShare in its sole discretion determines that your behavior violates these Terms, PhraseShare may provide notice to you and may take any other technological measure available to stop the behavior.

    If PhraseShare in its sole discretion determines that you repeatedly or egregiously violate these Terms, PhraseShare may limit or remove your access to parts of the PhraseShare Service, and in some cases, PhraseShare may temporarily suspend or permanently terminate your account, with or without further notice.

    Contact Us

    Report a Violation: If you believe any user Content or user behavior is in violation of this Policy and wish to report it to PhraseShare, you may voluntarily send an email to contact@phraseshare.com.

    Appeal a Violation: If you believe that PhraseShare deemed your behavior or user Content on the PhraseShare Service a violation of these Terms in error, you may voluntarily send an email to contact@phraseshare.com.

    Please do not expect a personal response from PhraseShare after making the applicable form submission described above. PhraseShare in its sole discretion will determine whether a violation has occurred and whether a violation is upheld or reversed.

  • Indemnification of PhraseShare

    You agree to defend, indemnify and hold harmless PhraseShare and its directors, officers, employees, contractors, agents, suppliers, licensors, successors and assigns from and against any and all losses, claims, causes of action, obligations, liabilities and damages whatsoever, including attorneys' fees, arising out of or relating to your access or use of the Service, any false representation made to us (as part of these Terms and Conditions or otherwise), your breach of any of these Terms and Conditions, or any claim that any translation that is provided is inaccurate, inappropriate, or defective in any way whatsoever.

  • License to Apps

    Subject to the terms of these Terms and Conditions, PhraseShare grants you a non-transferable, non-exclusive license to download, install, and use one copy of each App in object code form only on an interactive wireless device that you own or control. You may not derive or attempt to derive the source code of all or 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. PhraseShare and its licensors own and shall retain all intellectual property rights and other rights in and to the Apps, and any changes, modifications, or corrections thereto. The following terms and conditions apply to you only if you are using the Apps from the Apple App Store and Google Play. To the extent the other terms and conditions of these Terms and Conditions are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to Apps from the Apple App Store and Google Play. You acknowledge and agree that these Terms and Conditions are solely between you and PhraseShare, not Apple or Google, and that Apple and Google have no responsibility for the Apps or content thereof. Your use of any App must comply with the App Store Terms of Service and Google Play Terms of Service. You acknowledge that Apple and Google have no obligation whatsoever to furnish any maintenance and support services with respect to the Apps. In the event of any failure of any App to conform to any applicable warranty, you may notify Apple or Google, respectively, and Apple or Google will refund the purchase price, if any, for the App to you; to the maximum extent permitted by applicable law, Apple and Google will have no other warranty obligation whatsoever with respect to the Apps, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and Conditions. You and PhraseShare acknowledge that Apple and Google are not responsible for addressing any claims of you or any third party relating to the Apps or your possession and/or use of any App, including, but not limited to:

    1. Product liability claims

    2. Any claim that an App fails to conform to any applicable legal or regulatory requirement

    3. Claims arising under consumer protection or similar legislation. You and PhraseShare acknowledge that, in the event of any third-party claim that any App or your possession and use of that App infringes that third party’s intellectual property rights, PhraseShare, not Apple or Google, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms and Conditions. You must comply with applicable third party terms of agreement when using any App. You and PhraseShare acknowledge and agree that Apple and Google, and Apple’s and Google’s subsidiaries, are third party beneficiaries of these Terms and Conditions as they relate to your license of the Apps, and that, upon your acceptance of these Terms and Conditions, Apple and Google will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you as a third party beneficiary thereof.

  • Third-Party Links, Sites, and Services

    The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by PhraseShare. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from PhraseShare, you understand that these Terms and Conditions and our Privacy Policy do not apply to your use of such sites. You expressly acknowledge and agree that PhraseShare shall not be responsible or liable, directly or indirectly, for any damage or loss arising from your use of any third-party website, service, or content.

    The Service may include advertisements, which may be targeted to the Content or information on the Service, or other information. The types and extent of advertising by PhraseShare on the Service are subject to change. In consideration for PhraseShare granting you access to and use of the Service, you agree that PhraseShare and its third party providers and partners may place such advertising in connection with the display of content or information submitted by you or others.

  • No Representations Or Warranties By PhraseShare

    The Service, including all images, audio files and other content therein, and any other information, property and rights granted or provided to you by PhraseShare, are provided to you on an “as is” basis. PhraseShare and its suppliers make no representations or warranties of any kind with respect to the Service, either express or implied, and all such representations and warranties, including warranties of merchantability, fitness for a particular purpose, or non-infringement, are expressly disclaimed. Without limiting the generality of the foregoing, PhraseShare does not make any representation or warranty of any kind relating to accuracy, service availability, completeness, informational content, error-free operation, results to be obtained from use, or non-infringement. Access and use of the Service may be unavailable during periods of peak demand, system upgrades, malfunctions, scheduled or unscheduled maintenance or for other reasons. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

  • Limitation On Types Of Damages/Limitation Of Liability

    In no event will PhraseShare be liable to you or any third party claiming through you (whether based in contract, tort, strict liability, or other theory) for indirect, incidental, special, consequential or exemplary damages arising out of or relating to the access or use of, or the inability to access or use, the service or any portion thereof, including but not limited to the loss of use of the Service, inaccurate results, loss of profits, business interruption, or damages stemming from loss or corruption of data or data being rendered inaccurate, the cost of recovering any data, the cost of substitute services or claims by third parties for any damage to computers, software, modems, telephones or other property, even if PhraseShare has been advised of the possibility of such damages. PhraseShare’s liability to you or any third party claiming through you for any cause whatsoever, and regardless of the form of the action, is limited to the amount paid, if any, by you to PhraseShare for the Service in the 12 months prior to the initial action giving rise to liability. This is an aggregate limit. The existence of more than one claim hereunder will not increase this limit.

  • Termination

    PhraseShare may terminate your access and use of the Service immediately at any time, for any reason, and at such time you will have no further right to use the Service. The provisions of these Terms and Conditions relating to the protection and enforcement of PhraseShare’s proprietary rights, your representations and warranties, disclaimer of representations and warranties, release and indemnities, limitations of liability and types of damages, ownership of data and information, governing law and venue, and miscellaneous provisions shall survive any such termination.

  • Proprietary Rights in Service Content and Activity Materials

    All content available through the Service, including designs, text, graphics, images, information, software, audio and other files, and their selection and arrangement (the "Service Content"), are the proprietary property of PhraseShare or its licensors. No Service Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, other than as expressly permitted in these Terms and Conditions. You may not use any data mining, robots, scraping or similar data gathering or extraction methods to obtain Service Content. As between you and PhraseShare, all data, information and materials generated from your access and use of the educational activities made available on or through the Service (“Materials”), , shall be exclusively owned by PhraseShare, and you shall not have any right to use such material except as expressly authorized by these Terms and Conditions. By using the Service, you hereby assign to PhraseShare any and all rights, title and interest, including any intellectual property rights or proprietary rights, in the Materials. All rights of PhraseShare or its licensors that are not expressly granted in these Terms and Conditions are reserved to PhraseShare and its licensors.

  • Privacy

    Use of the Service is also governed by our Privacy Policy, a copy of which is located at  www.phraseshare.com/privacy. By using the Service, you consent to the terms of the Privacy Policy.

  • 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 PhraseShare 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. PhraseShare’s Agent for Notice of claims of copyright infringement can be reached by email: abuse@PhraseShare.com

  • Governing Law and Arbitration; No Class Action

    These Terms and Conditions, its subject matter and PhraseShare’s and your respective rights under these Terms and Conditions, as well as and any claim, cause of action or dispute (“claim”) arising out of or related to these Terms and Conditions, shall be governed by and construed under the laws of the State of Texas, United States of America, excluding the conflict of law provisions of that or any other jurisdiction, regardless of your country of origin or where you access the Service. ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THESE TERMS AND CONDITIONS OR THE SERVICE WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except for PhraseShare’s right to seek injunctive relief as set forth below. 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.

  • 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.

  • 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.

  • Miscellaneous

    These Terms and Conditions constitute the entire agreement between PhraseShare and you concerning the subject matter hereof. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect. A waiver by PhraseShare or you of any provision of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. PhraseShare may assign its rights or obligations under these Terms and Conditions without condition. These Terms and Conditions will be binding upon and will insure to the benefit of PhraseShare and you, and PhraseShare's and your respective successors and permitted assigns.