Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
The terms apply to all users of the website, including those who are simply navigating the website, or those who register an account. By using or accessing the website, you agree to be bound by the terms. If you do not agree to the terms, do not use the website or service.
You are eligible to use the Service if you are the age of 18 or older or if you are between the ages of 13 and 17 and you comply with Section “Teen User”. You are ineligible to use this Service if your membership/subscription/registration has been suspended by LanguageBird® or you are under the age of 13. Should we determine that you do not meet the age requirements for using our Service, your registration will be terminated immediately.
As a Teen User, you may register to use the Website only if your parent or legal guardian consents to your registration through the Website.
If you are a parent or legal guardian or a Teen User, you hereby represent, warrant, understand, agree to and accept these Terms and any applicable additional terms in their entirety on behalf of yourself and you Teen User whether or not you use the Website. You further understand and agree that you will ensure your Teen User’s compliance with these Terms and that you are responsible for any noncompliance by your Teen User.
Online Private Lessons
Lessons are 60 minutes, live, online via Google Hangouts, Skype, Zoom, or another meeting software with a teacher. Students are assigned study materials and assignments to complete on their own in between lessons. They should expect to study at least 1 to 2 hours between meetings.
12 lessons = 1 semester.
1 semester = 5 credits.
Full year = 10 credits.
Full year high school credit = 24 lessons
Courses (semester or full year) are purchased in full prior to the start of the first lesson. You will be billed in accordance with your selection and these Terms shall govern any payment
Subscriptions and Payments
Some parts of the Service may be billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel the Service or LanguageBird® cancels your subscription. You may cancel your Subscription renewal by contacting LanguageBird® customer support team.
A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide LanguageBird® with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize LanguageBird® to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, LanguageBird® will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice
Facilitation of Payments
All Charges, as applicable, shall be facilitated through our third-party payment processing service. In order for you to use our third-party payment processing services, you must enter into a Services Agreement (SA) the third-party payment processing service and its sponsoring bank. By accepting this Agreement, you agree that you have reviewed and agree to be bound by the terms and conditions of the SA. Please note that LanguageBird® is not a party to the SA and that you, the payment processing service and the sponsoring bank are the three parties to the SA and that LanguageBird® has no obligations or liability to you under the SA.
LanguageBird® may, at its sole discretion, offer a free 30 minute lesson trial for a limited period of time (“Free Trial”).
You may be required to enter your billing information in order to sign up for the Free Trial.
At any time and without notice, LanguageBird® reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
LanguageBird®, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
LanguageBird® will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Once enrolled in the course, consistent sessions are scheduled to complete the course within an agreed upon time frame. LanguageBird® will set up a schedule with the student and teacher to promote consistent progress toward course completion. Once the schedule is set and lessons have commenced, there are no refunds. Any refunds that are issued shall be in our sole discretion.
Expiration of Lessons
Course lesson credits will expire exactly one year after purchase. It is up to the student and teacher to plan to ensure the student stays on track and completes all his/her allotted lessons each cycle.
Lesson credits/hours are not transferable to another person, company, family member, or any entity.
If teacher cancels a lesson fewer than 24 hours in advance or is not present for a lesson, the student will be assigned an alternate make-up hour. To ensure accuracy, notifications of teacher cancellations or no-shows cannot be taken after 24 hours.
If student cancels 24 hours or more before a scheduled lesson, the lesson may be rescheduled. This however may set the student back in terms of their projected completion date of the course.
If student cancels fewer than 24 hours before a lesson, the lesson credit will be deducted as if the lesson had taken place. Students must purchase an additional single lesson or package of additional lessons from LanguageBird® to make up the hour toward their total course credits.
If student is late to a lesson, no additional time will be added to the lesson. If teacher is late to a lesson, he/she is obligated to make up that time to the student at either the end of the current lesson or during a future lesson.
If student is tardy, teacher will be obligated to wait for student for 15 minutes after the scheduled starting time of the lesson. After 15 minutes, teacher reserves the right to cancel the lesson. No credit hours will be refunded. Students must purchase an additional single lesson or package of additional lessons from LanguageBird® to make up the hour toward their total course credits.
Purchasing Extra Lessons
Students who do not cancel and reschedule lessons with 24 hours’ notice, will be asked to purchase additional single lessons to make up the class they late cancelled or missed. Some students may wish to purchase additional lessons to review topics or vocabulary or gaps in their education. Contact firstname.lastname@example.org for more details.
Students may or may not receive homework before or after a lesson. One lesson includes one hour of live instruction with a teacher whether or not homework is assigned and/or completed. Teachers are not required to correct homework outside of their lesson times with students. Students are free to ask questions and discuss homework within the lesson.
Homework for each session will be listed in the student’s course in their account on the website.
Please see your course syllabus for specific information on your textbook.
In addition to any course texts, students will use a variety of educational resources available online: pictures, music and cultural studies related sites. These will be provided online by the teacher or in the website resource library.
Progress Checks/Class Notes
Teachers and students create a sheet of notes together reviewing the conversation from the day’s lesson. Students may access the lesson notes anytime.
Students will be given progress checks at least every five lessons by the teacher. Progress checks will be in the form of written and oral reviews of material covered during the prior sessions.
Checks are done within the 6th, 11th, 16th, and finally in the 24th hour of instruction. Teachers give immediate written feedback following the oral progress check as well as a letter grade (A-F) and record it on the student lesson notes.
Students will be emailed a Certificate of Completion with a grade (A-F) in the course at the end of the course. Or, if they choose, students will be able to elect to have a designated high school or university/college receive their grade in the course. They may request Certificates of Completion through our website form.
The parent and student recognizes it is their responsibility to inform their high school counselor/school official they will be taking the course with LanguageBird® and consent from the high school counselor is necessary to have the course counted toward high school graduation credits or placed on the student’s high school transcript.
High schools may add LanguageBird® courses to their University of California course list upon request and it is typical that a student need to fill out a concurrent enrollment form to turn in to their counselor.
Students may write in LanguageBird® courses and final grades on college applications and specify that LanguageBird® is a UC approved course publisher in the case their high school does not include outside courses on their transcript.
LanguageBird® can send the course certificate of completion directly to colleges of the student’s choice to inform the colleges they took additional courses for high school course credit. As with any course taken in high school, it is up to the discretion of the college/university to include courses in the student’s high school GPA.
CHIRP Room Chat Room
The Chirp Room is an online classroom that consists of students interested in learning more about a foreign language. It consists of a teacher moderator entering in online and having a group of students in the room. You will be “Chirping” in a live video chat room. Meeting students from nationwide with similar interests.
In the Chirp Room, the teacher moderator will introduce themselves and then ask the participants to introduce themselves (or help introduce themselves). Before the Chirp Room starts, students are encouraged bring in a topic and/or questions that they want to talk about
LanguageBird® is seeking to make your language learning experience as organic and genuine as possible. In order to do so, we want to offer environments both in which you listen to a teacher as well as listen to a room of others learning with you. This way you will be able to gain confidence as you flex your new language skills and maybe you’ll find that you are further ahead than you thought. This, however, requires you to understand that the Chirp Room is not a way to earn lesson credit, even though we want you to respect the environment as well as everyone’s time involved.
Some basic details are set forth below:
- These are one hour sessions
- You must sign up 24 hours in advance if you want to be admitted into the session room
- THE CLASSES REPRESENT NO CREDIT AS A LECTURE OR LESSON AND ARE PURELY VOLUNTARY
- No grades will be given, although you may count your teachers and peers feedback as that of equal value
- We are not responsible for comments or behavior of other participants, even though it is moderated by a teacher and a supervised conversation, there are limits to what we can control. If someone is egregiously offensive we and our moderators retain the right to end the session and prohibit anyone from joining future sessions.
- Everyone must enter at the beginning of the class time
LanguageBird® is not responsible for the views, thoughts, and opinions expressed during the Chirp Room class discussion because they belong solely to the instructor and/or students present and are not representative of LanguageBird® policy or mission.
LanguageBird® Chirp Room classes are made available by the LanguageBird® instructors for educational purposes only, as well as to give general information and a general understanding of a certain topic in the target language, not to provide course credit of any kind. By participating in the LanguageBird® Chirp Rooms, you understand that you are entering a class that is conversation based, not a class that follows a set curriculum. By participating in the Chirp Rooms, you also understand that you will not receive a proctored test or a letter grade. By registering for a session, you agree to enter the class either before or at the time of the start date, failure to do so will result in not being able to participate in the Chirp Room session.
LanguageBird® retains the right to remove any Chirp Room user for any behavior that it deems inappropriate.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third-party posts on or through the Service. However, by posting Content using the Service you grant us free of charge, an irrevocable, perpetual, non-exclusive, royalty-free, fully-paid, worldwide license to use, copy, perform, display, promote, publish, and distribute such information, content and photographs and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
Should you provide LanguageBird® with information including but not limited to feedback, survey data, answers, questions, comments, suggestions, plans, ideas or the like, such information shall be deemed to be non-confidential and LanguageBird® assumes no obligation to protect such information from disclosure. The submission of such information to LanguageBird® shall in no way prevent the purchase, manufacture or use of similar products, services, plans and ideas by LanguageBird® for any purpose whatsoever and by such submission you (i) grant to LanguageBird® the irrevocable right to reproduce, use, disclose and distribute the information to others without restriction or compensation required, and (ii) warrant and represent that you own or otherwise control all of the rights to the information and that public posting and use of the information by LanguageBird® will not infringe or violate the rights of any third party.
LanguageBird® has the right but not the obligation to monitor and edit all Content provided by users.
IN ADDITION, CONTENT FOUND ON OR THROUGH THIS SERVICE ARE THE PROPERTY OF LANGUAGEBIRD® OR USED WITH PERMISSION. YOU MAY NOT DISTRIBUTE, MODIFY, TRANSMIT, REUSE, DOWNLOAD, REPOST, COPY, OR USE SAID CONTENT, WHETHER IN WHOLE OR IN PART, FOR COMMERCIAL PURPOSES OR FOR PERSONAL GAIN, WITHOUT EXPRESS ADVANCE WRITTEN PERMISSION FROM US. PLEASE SEE THE SECTION ENTITLED INTELLECTUAL PROPERTY FOR MORE INFORMATION.
Acceptable Use Policy
The following sets forth LanguageBird’s “Acceptable Use Policy” related to any use of the services, including Chirp Room Classes.
You agree not to use the Services to collect, upload, transmit, display, or distribute any content (a) that violates 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; (b) that is unlawful, harassing, abusive, tortious, threatening, harmful, abusive, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; or (c) in violation of any law, regulation, or obligations or restrictions imposed by any third party.
In addition, you agree not to use the Services to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with or disrupt servers or networks connected to the Services or violate the regulations, policies or procedures of such networks or otherwise interferes with our operation or provision of the Services; (e) attempt to gain unauthorized access to the Services, other computer systems or networks connected to or used together with the Services, through password mining or other means; or (f) harass or interfere with another user’s use and enjoyment of the Services.
We reserve the right (but have no obligation under this Agreement) to review any Content, investigate, and/or take appropriate action against you, in our sole discretion, if you violate the Acceptable Use Policy or any other provision of this Agreement, including removing or modifying your Content, suspending or terminating your account or access to our Chirp Room classes, and/or reporting you to law enforcement authorities. We may also remove or modify your Content if it, in our sole judgment, violates the rights of, harms, or threatens the safety of any other person, or creates liability for us or any other person. To cooperate with legitimate governmental requests, subpoenas or court orders, or to protect our business and customers, we may access and disclose any information consider necessary or appropriate, including your IP address and traffic information, usage history, and your Content.
Certificate of Completion of a LanguageBird® Course
Certificate of Completion requests can be made through the LanguageBird® website after the course for a $10 fee to cover printing and postage. There is no charge if the Certificate of Completion is/can be sent electronically. If it is acceptable to send as a pdf, a request may be sent to email@example.com
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of LanguageBird® and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Except as stated herein, none of the contents of the Website, trademarks and trade dress may be modified, copied, printed, reproduced, distributed, republished, performed, downloaded, displayed, posted, transmitted and/or otherwise used in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written consent of LanguageBird®.
Third Party Service Providers
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by LanguageBird®.
LanguageBird® has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that LanguageBird® shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
LanguageBird® is not responsible for any interruptions to live online lessons due to slowness or failure of student’s computer hardware, software, Internet connection or related technology.
In the event live, online lessons are interrupted due to slowness or failure of teacher’s computer hardware, software, Internet connection or related technology, the following actions will be taken:
Lesson will continue without video. Credits for such lessons will not be refunded.
If lesson quality is still deemed insufficient by teacher, lesson time will be rescheduled free of charge.
Assumption of Risk
You assume all risks when using the Website and Services, including but not limited to all risks associated with interacting with Users of the Website whether it be online or offline.
If you have a dispute with one or more of the other users of the Website, you release LanguageBird® (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
LanguageBird® and its employees, representatives, owners or contractors will not be held liable for any misinformation given or mistakes made by teachers, translators, contractors, employees or anyone else in/during any piece of LanguageBird’s® teaching services.
Student assumes full responsibility and liability for any consequences of his/her use or misuse of any foreign language elements (vocabulary, grammar etc.) and any information at all provided through LanguageBird’s® employees, representatives, owners or contractors.
The views and opinions expressed by teachers contracting through LanguageBird® are solely their own and in no way, represent LanguageBird’s® views or opinions.
By using LanguageBird’s® services, user hereby AGREES TO INDEMNIFY AND HOLD HARMLESS LanguageBird®, its employees, representatives, owners and contractors from any loss, liability, damage, or costs, including court costs and attorneys’ fees that user may incur due to his/her participation in LanguageBird® lessons and usage of language information from LanguageBird’s® employees, representatives, owners or contractors used outside of lessons in any context at all, WHETHER CAUSED BY NEGLIGENCE OF LanguageBird® employees, representatives, owners or contractors or otherwise, to the fullest extent allowed by law.
It is the user’s express intent that this agreement shall bind the members of his/her family and spouse, if user is alive, and his/her heirs, assigns and personal representative, if user is deceased, and shall be deemed as a RELEASE, WAIVER, DISCHARGE, AND COVENANT NOT TO SUE LanguageBird® or its employees, representatives, owners or contractors.
Students under 18 who are enrolled in LanguageBird® courses are under the consent and supervision of a parent/guardian.
LanguageBird® respects the intellectual property of others and asks that users of our services do the same. In connection with our services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
- your physical or electronic signature;
- identification of the copyrighted work(s) that you claim to have been infringed;
- identification of the material on our services that you claim is infringing and that you request us to remove;
- sufficient information to permit us to locate such material;
- your address, telephone number, and e-mail address;
- a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
Please reach out to our designated Copyright Agent for LanguageBird® at firstname.lastname@example.org.
You agree to indemnify and hold LanguageBird®, its parents, subsidiaries, affiliates, any related companies, its suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your use of the Services, (ii) your Content, or (iii) your violation of this Agreement. LanguageBird® reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of LanguageBird®. LanguageBird® will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Applicable Law and Enforcement
This Web site is controlled by LanguageBird® from within the State of California, United States of America. LanguageBird® makes no representation that the material on this Web site is appropriate or available for use in other locations. Any claim relating to the material on this Web site will be governed by the laws of the State of California, notwithstanding any conflicts of law principles, and the United States of America. Your use of this Web site does not subject LanguageBird® to judicial process or the jurisdiction of courts or other tribunals in your jurisdiction or location. Any part of these terms and conditions that is unlawful, void or unenforceable will be deemed severable and will not affect the validity or enforceability of the remaining provisions.
You agree that the laws of the State of California govern this agreement and any claim or dispute or issues arising from it, without regard to California’s conflict of laws rules. Unless you and we agree otherwise, you agree that any Disputes or claims that you may have against us reside in and will be resolved by a state or federal court located in Los Angeles County in the State of California and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
Term and Termination
Subject to this Section, this Agreement will remain in full force and effect while you use the Services. We may (a) suspend your rights to use the Services (including any LanguageBird® Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Services in violation of this Agreement or if we believe you are younger than 13. Upon termination of this Agreement, your LanguageBird® Account and right to access and use the Services will terminate immediately. LanguageBird® will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your LanguageBird® Account or deletion of your Content.
effective Date: February 13th, 2018