The Lexxica Corporation, hereinafter referred to as the "Company," makes available various Word Engine services and products including the V-Check lexical assessments, various learning tools, V-Admin groups management services, and other interactive web-based services. For the purposes of this TERMS OF USE agreement and PRIVACY POLICY the Company's services and products, whether individually or collectively, shall be referred to as the "Services," and each person that makes use of Lexxica's Services shall be referred to as a "User."
The Company shall not publish nor disclose to third parties the Users actual name, email address, organization name, or any other personally identifiable information. All such personally identifiable information submitted by the User will be used solely for the purpose of operating and improving the Services for the benefit of the User.
The User hereby accepts that anonymous responses and interactions data created by the User through the use of any aspect of the Services shall not be considered personally identifiable data. The User hereby accepts that anonymous responses and interactions data created by the User shall become the intellectual property of the Company.
The User hereby accepts that all anonymous responses and interactions data created by the User may be analyzed by the Company, and that such analysis may result in the publication and dissemination of research and findings based on such data. Such analysis and research might be expected to look at aspects of lexical ability according to age, gender, native language, educational experience, and culture. Under no circumstances will any such published research disclose any User's personally identifiable information such as actual names and email addresses. Under no circumstances will any school or company names be disclosed when reporting statistical unless the school or company has specifically requested or permitted such disclosure in writing.
The Company may from time to time request to publish a User's comments and or endorsement of the Services. Any such request might also include a request for permission to disclose the User's name and or organizational affiliation. Users are under no obligation whatsoever to grant any such approval to the Company.
The Company's Services have been designed to operate with Macromedia Flash Player 6 or higher, Microsoft's Internet Explorer 6.0 or higher, Mozilla's Firefox, and other browsers, however the Corporation can offer no assurance that the Services will operate as described on each User's system. The User hereby accepts this fact and understands that specific browser upgrades, plug-ins, or applications may be required in order to fully utilize all features of the Services. Any User that encounters trouble with the Services should report such problems to the Company so that we may consider the appropriate remedial action.
The User agrees that all information and content published by the Services has been prepared with the utmost care using the Company's proprietary systems and algorithms. The User agrees that under no circumstance shall the User publish or make any direct or indirect claims against the Company based on any perceived form of damage alleged to have been caused by representations, or lack of representations, by the Services or the Company. The User assumes full responsibility for all risks that may exist through use of the Services. The User accepts that the Company may need to change aspects of the Services from time to time and that changes may occur without prior notice to the User and that such changes may inadvertently result in the deletion or loss of existing User files and data. The User accepts that the Services may experience interruptions and or discontinuance of account access. Additionally, the User accepts that in providing the Services via the Internet, data exchanges are exposed to various security risks. The Company shall make efforts consistent with industry standards to protect the security and privacy of User account records and, in particular, to protect actual names, email addresses and organization names against misappropriation and misuse. The User hereby agrees to hold the Company harmless from any and all claims of material damage related to the integrity and security of the Services and web sites.
The Company maintains that all copyrights, trade names, registered trademarks, patents, and content including but not limited to: text, documents, graphic images, audio recordings, video programs, etc. that are published or displayed by the Company through the Services are protected by all relevant international Copyright, Trademark and Patent Laws and by the relevant laws of Japan. Any User that desires to reproduce or reuse the intellectual property of the Company must seek prior written approval of the Company, or risk prosecution under applicable law. The proprietary systems and methods utilized in the Services have been submitted for trademark and patent protection in all countries that are members to the international patent cooperation treaty, and also Taiwan. The User hereby acknowledges and agrees to respect the copyrights, trade names, registered trademarks, patents, and proprietary systems and methods of the Services as the exclusive and proprietary property of the Company. The User accepts that the Company may, from time to time, post and display hyperlinks on its web sites and email and that such hyperlinks may lead to web sites and or applications that are neither owned, nor controlled by the Company and, furthermore, the User accepts that the Company shall bear no responsibility for any content or quality issues or problems encountered by the User when accessing or using any such external hyperlinks.
The User accepts that the Company may display both non-commercial hyperlinks and commercial hyperlinks in the Services. The User agrees that any transactions or business that may be conducted between the User and the owner of an external website that was accessed through the Company or any of its web sites or emails shall be entirely outside the scope of this Terms of Use agreement and, therefore, the Company shall bear no responsibility or liability whatsoever for any such interactions.
By checking the "I AGREE" box and clicking "signup!" you signify your acceptance and agreement to all of the terms and conditions of this TERMS OF USE agreement, and to all of the terms and conditions of the PRIVACY POLICY, which is incorporated as an integral part of this TERMS OF USE agreement. This TERMS OF USE agreement applies to all Users of the Services. Please note the effective date of this TERMS OF USE agreement printed below and the effective date of the PRIVACY POLICY. The Company reserves the exclusive right to modify this TERMS OF USE agreement and the PRIVACY POLICY from time to time. You are requested to revisit these pages periodically in order to remain aware of any such revisions. Continued use of the Services constitutes your agreement to the most recent posted TERMS OF USE agreement and PRIVACY POLICY. Should a future revision to the TERMS OF USE or PRIVACY POLICY result in terms and conditions that are materially less restrictive with regard to the disclosure of your personally identifiable information as provided for by this TERMS OF USE agreement and this PRIVACY POLICY, the Company will first seek to obtain your consent by contacting you at the email address recorded in your account record before implementing any such material changes. You shall be given the right to cancel the Services or refuse to accept any such materials revisions and the revisions shall not be applied to any of your previously collected personally identifiable information.
If you do not agree to any of these terms and conditions, then you should stop using the Services.
Effective date: March 13, 2008