TERMS AND CONDITIONS

WELCOME TO LINGBLE’S WEBSITE, OWNED AND OPERATED BY LINGBLE PTE. LTD. AND ITS AFFILIATES (“LINGBLE”, “WE” OR “US”)!

The notices, terms, and conditions set forth in this agreement (this “Agreement”) govern your use of this website and Lingble’s services, applications, content and products (collectively, the “Website” or the “Site”). Accessing, browsing, placing orders or otherwise using the Site constitutes your agreement to follow and be bound by all the terms and conditions in this Agreement, so please read it carefully before proceeding. If you do not agree to the terms and conditions in this Agreement, you should not access or use the Site.

Lingble reserves the right to change the Site and this Agreement at any time without notice.

USE OF THE SITE

You represent and warrant that you are at least 18 years old or, if you are between the ages of 13 and 17, inclusive, you are visiting the Site under the supervision of a parent or guardian. Subject to the terms and conditions of this Agreement, Lingble hereby grants you a limited, revocable, non-transferable, and non-exclusive license to access and use the Site by displaying it on your Internet browser only for the purpose of browsing Lingble’s Site and obtaining information about Lingble, except as explicitly permitted by Lingble in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.

Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile, or otherwise exploit this Site or any portion of it unless expressly permitted by Lingble in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by Lingble in advance. Lingble reserves the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Lingble believes that customer conduct violates applicable laws or is harmful to Lingble’s interests.

You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes upon the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is incomplete, false, inaccurate or not your own; (c) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law or otherwise violate any city, state, national or international law or regulation, or that would fail to comply with accepted Internet protocol; (d) communicates, transmits or transfers (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of any applicable export control laws; or (e) attempts to interfere in any way with the Site’s or Lingble’s networks or network security, or attempts to use the Site’s service to gain unauthorized access to any other computer system or otherwise includes any bugs, viruses, worms, trap doors, Trojan horses, or other harmful code or properties. Lingble may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and Lingble has no obligation to investigate the authorization or source of any such access or use of the Site.

You will be solely responsible for all access to and use of the Site by anyone using the password and identification originally assigned to you whether or not such access to and use of the Site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including without limitation financial obligations) incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify Lingble of any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security. You acknowledge that Lingble cannot and will not be liable for any loss or damage from your failure to maintain the security and confidentiality of your account and password.

We reserve the right to discontinue or suspend your access or use of the Site, without notice, if (i) we reasonably deem you have violated the terms and conditions of this Agreement, or (ii) we reasonably deem such a measure necessary for security reasons.

REVIEWS AND COMMENTS

Except as otherwise provided elsewhere in this Agreement or on the Site, anything that you submit or post to the Site and/or provide Lingble, including, without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions”) is and will be treated as non-confidential and non-proprietary, and Lingble shall have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become the sole and exclusive property of Lingble and shall not be returned to you.

In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant Lingble the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments, and other Content that you post on this Site and that use of your reviews, comments, or other Content by Lingble will not infringe upon or violate the rights of any third party. You shall not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Lingble or third parties as to the origin of any Submissions or Content. Lingble may, but shall not be obligated to remove or edit any Submissions (including comments or reviews) for any reason.

UPLOADING CONTENT

By uploading content such as photograph image files (“Member Content”) on the Site, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, Lingble and its partners and affiliates, and their respective contractors, and the users of the Site an irrevocable, perpetual, non-exclusive, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publish, modify, publicly display, and distribute such content and to prepare derivative works of, or incorporate into other works, such Member Content. This license does not grant Lingble, its partners or affiliates, or their respective contractors, the right to sell any Member Content.  Member Content is the sole responsibility of the person from which such Member Content originated. This means that you, and not Lingble, its partners or affiliates, or their respective contractors, are entirely responsible for all Member Content that you upload, post, email, transmit or otherwise make available through the Site or otherwise.

SECURITY RULES

Violations of system or network security may result in civil or criminal liability. Lingble investigates violations and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:

• Accessing data not intended for you or logging on to a Lingble server or account that you are not authorized to access
• Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt)
• Attempting to interfere or interfering with the operation of the Site, Lingble’s provision of services to any other visitors to the Site and Lingble’s hosting provider or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “email bombing” or “crashing” the Site
• Forging any TCP/IP packet header or any part of the header information in any email or transmission or posting to the Site

SANCTIONED COUNTRIES

By visiting and using the Site, you acknowledge that you are not a national of, or resident within, any of the countries that are subject to trade embargo under these laws and regulations (currently, Cuba, Iran, North Korea, Sudan and Syria) or listed on any of the United States government’s lists of prohibited and restricted parties.

PRODUCT, SERVICE DESCRIPTION AND PRICING INFORMATION

While Lingble strives to provide accurate service description, typographical errors may occur. Lingble is not responsible for typographical errors regarding price or any other matter. In the event that there is any incorrect information of any service description, Lingble shall have the right, at its sole discretion, to refuse to provide such service.

COPYRIGHT

All text, graphics, photographs or other images, button icons, audio clips, and software (collectively, “Content”), belong exclusively to Lingble, or its content suppliers. The collection, arrangement, and assembly of all content on this Site (the “Compilation”) belong exclusively to Lingble. All software used on this Site (the “Software”) is the property of Lingble or its Software suppliers.

The Content, the Compilation and the Software are all protected international copyright laws. Other logos, slogans, trade names or words are registered trademarks, trademarks, or service marks of Lingble, their suppliers, or third parties. The use of any Lingble trademark or service mark without their respective express written consent is strictly prohibited. You may not use any Lingble trademark or service mark in connection with any non-Lingble product or service or in any way that is likely to cause confusion. You may not use Lingble’s trademarks or service marks in any manner that disparages or discredits them. You may not use any of the Lingble trademarks or service marks in meta tags without their respective prior explicit consent.

PRIVACY POLICY

Notwithstanding anything else to the contrary contained in this Agreement, Lingble’s use of any personally identifiable information (name, email address, etc.) you provide via the Site shall be governed by the Site’s Privacy Policy. For further information regarding the protection of your personal information, please refer to the Privacy Policy page.

TERMINATION AND EFFECT OF TERMINATION

In addition to any other legal or equitable remedies, Lingble may, without prior notice to you, immediately terminate this Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement and upon request by Lingble, you shall immediately cease all access to and use of the Site and Lingble shall, in addition to any other legal or equitable remedies, immediately revoke all password(s), and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.

DISCLAIMER AND LIMITATION OF LIABILITY

Lingble publishes information on the Site as a convenience to its visitors. While Lingble attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Site at any time without notice. The products and services described on the Site may not be available in your region. Lingble does not claim that the information on the Site is appropriate to your jurisdiction or that the products and services described on the Site will be available for purchase in all jurisdictions.

You assume all responsibility and risk with respect to your use of the Site, which is provided “AS IS.”

LINGBLE DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, CONDITIONS, REPRESENTATIONS AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR VIA THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND MATERIALS, FUNCTIONS AND SERVICES PROVIDED ON THE SITE, WHICH ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS OR CONTENT OF INFORMATION, UNINTERRUPTED ACCESS AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LINGBLE DOES NOT WARRANT THAT THE SITE OR ITS FUNCTION OR THE CONTENT AND MATERIALS OR THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. LINGBLE MAKES NO WARRANTY THAT THE SITE WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

IN NO EVENT SHALL LINGBLE, THEIR AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE SITE OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF LINGBLE OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LINGBLE’S TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO LINGBLE DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO LINGBLE’S LIABILITY.

INDEMNITY

You agree to defend, indemnify and hold Lingble and their respective directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, in any way arising from, related to or in connection with your use of the Site, your violation of this Agreement or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third-party claim that any information or materials you provide infringes any third-party proprietary right.

ARBITRATION

Where the parties fail to settle a dispute within 30 days after such dispute occurs, they agree to submit such a dispute to Singapore International Arbitration Centre (“SIAC”) for arbitration which shall be conducted in accordance with the SIAC’s arbitration rules in effect at the time of applying for arbitration. The arbitral awards are final and binding upon both parties. The arbitration proceedings shall be conducted in English.

GOVERNING LAW

The validity, interpretation, enforceability, and performance of this Agreement shall be exclusively governed by and construed in accordance with the laws of the State of New York without regards to conflict of laws principles.

LINKS

Lingble makes no warranties of any kind regarding any other websites to which you may be directed or hyperlinked from the Site. Hyperlinks are included solely for your convenience, and Lingble makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in any other websites. Lingble does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site.

REMEDIES

You agree that Lingble’s remedy at law for any actual or threatened breach of this Agreement would be inadequate and that Lingble shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that Lingble may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys’ fees.

No right or remedy of Lingble shall be exclusive of any other, whether at law or in equity, including, without limitation, damages injunctive relief, attorneys’ fees and expenses.

No instance of waiver by Lingble of its rights or remedies under this Agreement shall imply any obligation to grant any similar, future, or other waiver.

GENERAL

You may not transfer or assign any or all of your rights or obligations under this Agreement.

If any provision of the terms or conditions of this Agreement is found to be unenforceable, all other provisions shall remain unaffected.

AMENDMENTS

Lingble reserves the right to change the terms and conditions of this Agreement from time to time by changing them on the Site. The terms and conditions of this Agreement may not be varied except with our express written consent. You are kindly requested to check this page regularly for changes. If you do not accept the terms and conditions of this Agreement, you should immediately terminate your visit to the Site.

The terms and conditions of this Agreement was last updated on May 12, 2021.