The present Terms and Conditions regulate the use and access to the web site www.forvo.com and all services that Forvo Media, S.L., provides through it. These Terms and Conditions include the Terms and Conditions for the provision of the following Services:
Forvo is a Company that provides Services to an international audience. Therefore, the language in which these Terms and Conditions are written is English. However, for the interpretation, clarification or dispute concerning these Terms and Conditions, the official version that will be taken into account will be the Spanish language version.
These Terms and Conditions constitute a binding contract or agreement between, on one hand, the person who accesses and/or creates a user account on WWW.FORVO.COM and, on the other hand, Forvo Media SL.
The website WWW.FORVO.COM is owned by Forvo Media, S.L., (hereinafter also FORVO) a Spanish company registered with N.I.F. B20987541 in the Gipuzkoa Commercial Registry (Spain) (Vol.:2.408- Folio: 153 Vto-Inscrip: 2ª-Section: 8º- Sheet: SS-31.114) with legal offices in C/ Txirrita Maleo 1, planta 1, 20100, Renteria, Gipuzkoa, (SPAIN).
For the legal purposes of these Terms and Conditions of Service, the website www.forvo.com, as well as the Applications (App) for mobile terminals or other smart devices that are owned or developed by Forvo Media, S.L., will be collectively referred to as "the Service" or "the Services".
In the same way, the following terms designated below likewise shall have the following meanings:
"Application(s)": Refers to application(s) for mobile (Apps), tablets and other smart devices and application programming interfaces (APIs), web pages or websites, necessary for or linked to the provision of the Services.
"User(s)": Refers to members or registered Users of www.forvo.com. According to their use of the Services, Users may be defined as "Forver(s)" and, in the case of Forvo Academy, also as "Personal Trainer(s)".
"Forvo Academy": The "Forvo Academy" is an interactive service for online learning of a specific language in which Forver(s) and Personal Trainer(s) can interact with each other, in a personalized way according to their objectives and interests when learning or teaching a language.
"Forvo Content" means any content that Forvo Media, S.L., creates or makes available on www.forvo.com for the provision of the Services, including content licensed or authorized by a third party for its use on www.forvo.com, while excluding User Content.
"User Content" means any content such as text, photos, audio, video or other materials and information which a User publishes, uploads, submits, transmits or includes in their User profile, whether on a public or private manner.
"Personal Trainer(s)" Refers to the User who offers and provides services on his/her own account as a language teacher at "Forvo Academy".
"Personal Trainer Services" means the services provided by the Personal Trainer(s) themselves, including paid sessions, trial sessions, or any other services provided to a Forver(s) through "Forvo Academy".
"Service Fees" means the percentages that Forvo will accrue for Users' access and use of the Services. These fees for each Service in each case will be fixed and will be displayed by Forvo at the moment of subscription or contracting of the Services.
"Applicable Law" is any legal rule, Spanish or Foreign, or resolution issued by an administrative, judicial or Arbitral authority, Spanish or Foreign, of obligatory application.
"Intellectual Property Rights" means copyrights, trademarks, patents, trade names or equivalent sources of protection, of any nature and originating in any country under Applicable Law.
The Forvo platform is addressed to Users who are over 18 years of age and have the legal capacity to conclude legally valid contracts or agreements under the Applicable Law. Likewise, Users may be persons over 14 years of age who obtain the prior consent of their parents, legal tutors or legal representatives and are legally capable of entering into legally binding agreements or contracts under the Applicable Law. In the latter case, Forvo may require the User to provide documentary evidence of such circumstances and ultimately reserves the right to accept the User as a User of Forvo.
In order to use the Services, it is required to register validly in the sites or forms inserted for this purpose in www.forvo.com, providing a User name for your profile, a valid email address and other registration data that will be requested in each case depending on the type of registration.
In any case, the registration process will ask you to choose a password of your choice in order to have access to your User profile. You must be aware that the responsibility for choosing and protecting your password is solely the User's, and you may never transfer or share your password, keeping it secret at any time. The User shall be solely responsible for all activities that are carried out on the platform using his/her user profile or password access, even if not authorized, completely excluding Forvo from any liability or damage that may arise for this cause.
The User's profile or account shall not be shared or exposed to third parties. If you should become aware of any unauthorized use of your password or account, you must immediately inform Forvo in written form through the contact means set forth in these Terms and Conditions, as well as of any other breach of security of your data of which you become aware.
To the extent requested by the registration process, the User agrees to provide Forvo with true, accurate, updated and complete information regarding his/her personal or professional profile, as well as to keep such information updated and complete during the time the User's profile remains registered with Forvo Academy, being the user responsible for any damage or prejudice that may arise from non-compliance with this obligation.
Forvo has implemented internal measures or procedures to confirm that the data and other information provided by Users is true, although Forvo cannot offer any guarantee as to the personality, character or other qualities of the same, as well as the accuracy of the information provided by the User to Forvo Academy.
The User who is willing to provide services as a Personal Trainer(s) at Forvo Academy must, for his/her final admission to the Forvo Academy platform, (i) accept the specific Particular Terms and Conditions for being a Personal Trainer(s) and (ii) prove to Forvo his/her nationality and professional qualifications. Forvo reserves the right to suspend or terminate definitively the access to Forvo to those Users who, at the sole discretion of Forvo, do not comply with these criteria or have provided false or incomplete information for their registration.
Service Description. Forvo Media, S.L., offers an open and collaborative translation service and pronunciation guide created by people interested in sharing this knowledge and who have subscribed to a User account on www.forvo.com. Once registered, Users may submit their translations and pronunciations to be shared by other Users or any other person who visits www.forvo.com.
In no case, Forvo Media S.L., operates as an intermediary between Users or establishes any commercial, labor or any other kind of relationship between the User and the Service itself. In general, the translation and shared dictionary service is provided free of charge to Users and/or visitors of www.forvo.com, and Users may only use it for academic or personal and non-commercial purposes. In this case of free use of the Service, there is a maximum daily volume of 500 requests per User.
In the case of agreements between Forvo Media, S.L., and third parties interested in the commercial use of the Service or the provision of an application service through the API owned by Forvo Media, S.L., may be established in each case agreements and commercial rates depending on the use or volume of requests, as well as the corresponding license of use.
Service Description. Forvo Academy is an online language learning platform. The "Forvo Academy" Service allows the Forver(s) to send and receive content related to language learning, as well as to search, select and/or hire the services of the Personal Trainer(s), in a personalized way for the level or preferences of each Forver(s).
Likewise, Forvo Academy allows the Personal Trainer(s) to offer their services of online language sessions on the platform, to offer their professional profile, availability and work methodology, as well as to freely determine the price for their sessions and the economic management of the same. This economic management does not include or replace in any case, the fulfillment of the accounting or tax obligations that, according to the Applicable Law, are derived from the direct provision of language teaching services between the Personal Trainer(s) and the Forver(s) through the Forvo Academy technological platform.
Users expressly understand and accept that Forvo Media, S.L., is not a party to any particular agreement or contract between the user (Forver) and the teacher (Personal Trainer), and neither is an organization, School or Educational Institution, public or private, that organizes or manages any Educational Activity, neither guarantees the achievement of Certificates or Qualifications in any Subject, and that only provides a technological platform so that the interested Users may coordinate their respective interests.
The "Forvo Academy" Service includes the provision to the Users of the technical resources required for the correct provision and management of the Services, including the methods of sending and receiving payments for the sessions, procedures and assistance for the resolution of disputes, calendars, agendas, user profiles, etc. Are expressly excluded from the Services, those provided outside the Forvo online platform.
In all cases, it is hereby understood that Forvo only provides a connecting or technical platform for Users to contact and engage with each other, and Forvo does not participate in the direct transactions or relationships between Users, only in the platform's services in connection with the technical and/or economic management of the sessions.
Forvo does not control or oversees by default the conduct of Users in the platform, or on services provided by the Personal Trainer(s), their quality, their academic or other content, however, in cases where Forvo understands, according to its sole discretion, than any comment, assessment, action or any omission by a User on the platform is contrary to these Terms, to the Applicable Law or violates any rights of third parties, Forvo may take the necessary measures to prevent it, notwithstanding its notification or complaint to the Competent Authority in each case.
Technical Requirements: The specific services of Forvo Academy will be accessible or available to all Users through the use, as recommended equipment, of a personal computer (laptop or desktop) with a webcam, speakers or sound reproduction system and a good quality connection to the Internet. Forver(s) Users may also access the Service through a mobile device, however, for a better user experience, Forvo recommends the use of the resources described above. For Personal Trainer(s) Users, the use of the recommended means is always obligatory.
How it works:
Economic Management: As an integral part of the Services, and subject to the application of the Services Fees, Forvo will manage the charges and/or payments arising from the booking and imparting of sessions by the Users. This means that between the Forver(S) User and the Personal Trainer(s) may only mutually agree upon the specific terms under which the learning session(s) will be conducted and that the payment for the price of the sessions by the Forver(s) and the receipt of the corresponding payment by the Personal Trainer(s) will be entirely managed by the payment platform of Forvo Academy.
In this sense, Forvo will be the depositary of the amounts paid by the Forver(s) for the price of the booked sessions and, after verification of the effective completion of the sessions and the absence of any possible incidences, will pay the Personal Trainer(s) the amounts that are finally liquid after the application of the Service Fees applicable at each moment and the taxes or fees in accordance with the Applicable Law. In all cases, Forvo will generate the corresponding receipts (invoices) or proof of payment for all transactions carried out by both the Forver(s) and the Personal Trainer(s).
This economic management of the Service by Forvo does NOT INCLUDE or replace the individual fulfillment of the accounting or tax obligations that, according to the Applicable Law, are derived from the direct provision of language teaching services between the Personal Trainer(s) and the Forver(s) through Forvo Academy and that, in any case, will be the individual responsibility of the latter.
As a general condition, the performance and/or availability of Forvo Academy will be continuous, however, for technical reasons related to updating and/or the improvement of the technological infrastructure that makes it possible to provide the Services, there may be programmed interruptions for this purpose. In these cases, Forvo will notify the Users with sufficient time in advance of these interruptions through the website www.forvo.com or through the means of contact designated by the Users in their profile.
The Users agree to use www.forvo.com and the Services in accordance with the Applicable Law, with the provisions of these Terms and Conditions or any future amendments, with generally accepted good practices and uses of the Internet and with the Public Order.
Any User Content shared through the Forvo platform, no matter if it is publicly displayed or privately exchanged, is the sole and exclusive responsibility of the User from whom that content was originated. Under no circumstances will Forvo be liable for any User Content that any User may upload, publish, transmit, submit, or in any other way make available through the Service. Forvo does not have any prior control over User Content posted via the Service and, therefore, does not guarantee the accuracy, integrity, quality or legality of any such User Content.
The User expressly acknowledges and agrees that Forvo may, in its sole discretion, decide whether to reject, disable or remove any User Content that is available through Forvo, such User Content breaches or is contrary to these Terms and Conditions or to Applicable Law. Forvo also reserves the right to refuse or suspend all or part of the Service to any User who breaches these Terms and Conditions or the Applicable Law.
The User guarantees to not share, send or distribute, in any way, contents or applications that may violate the Applicable Law or that involve the infringement of any third-party rights.
These actions are expressly prohibited in Forvo:
Forvo can at any moment proceed to investigate or report any of the aforementioned conducts, in accordance with the Applicable Law, as well as to inform and cooperate with the authorities in the investigation of these actions.
The User acknowledges and hereby agrees that all Intellectual Property Rights included in the Services, which is not User Content, belongs to Forvo and/or its Licensors; and that, except for the limited license rights granted by Forvo in this clause, Forvo and/or its Licensors expressly reserve all Intellectual Property Rights included in the Services and in the Content included in them.
Translation and Shared Pronunciation Dictionary Services: In the case that the contents generated from the Translation and Shared Dictionary of Pronunciations Service originate or generate any intellectual property rights or copyright in favor of the User, the User retains all rights over the pronunciations and translations that he/she inserts, shares or publishes in his/her profile, granting to Forvo Media, S.L. a permanent, non-exclusive and free worldwide license that allows Forvo to reproduce, distribute and publicly communicate them, with the right to transfer them to third parties; as well as add any information and/or to transform it in order to adapt it to the technical requirements of the Service.
Forvo Media S.L., is the legal owner of the "Sui Generis" Copyright over the database(s) created and/or generated from the contents incorporated by the Users to the Translation Service and Shared Dictionary of pronunciations, as this right is defined in the Applicable Law (Art. 133-134 and 135 of the Royal Legislative Decree 1/1996, of April 12, which approves the revised text of the Intellectual Property Law, LPI).
Users may use the pronunciations and translations made available on Forvo within the legal limits established, but not for commercial purposes. In all circumstances, the extraction and/or re-utilization of a substantial part of the content of the database may not be made in a way that causes unjustified damage to the legitimate interests of Forvo Media, S.L., or that is in prejudice of the normal commercial exploitation of the protected content.
Grant of General License. Subject to User's compliance with the provisions of these Terms and Conditions, Forvo hereby grants to the User a revocable, limited, personal, not transferable, not sublicensable, worldwide and exclusive license for the use of the Services for his/her personal use, and in any case, in accordance with the specific license or licenses that the Software or Content involved has been incorporated at the time it was made available by Forvo or its Licensors.
This General License to use the Services, as it concerns or relates to Software Programs or computer Applications, is limited to the use of the object code of such Software, and does not include the execution by the User or a third party any of the following actions: copying, modification, derivative works, reverse engineering or other types of activities to attempt to discover the Source Code, the sale, transfer, cession, sublicensing, transfer of a warranty right to the copyrights in the Software or the transfer of those copyrights. The user further acknowledges that, in order to use the software or third-party content, he/she may be required to agree to terms and conditions in addition to those contained in these Terms and Conditions.
The User acknowledges and agrees that he/she may not access the Service by any methods other than the interfaces provided by Forvo, and he/she may not modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
License on the Personal Trainer(s) Content. The Intellectual Property Rights on the sessions or courses that the Personal Trainer(s) incorporate or make use of in Forvo Academy, whether these are videos, photography's, texts or any other, will always belong to their creators and/or legitimate owners. Notwithstanding the foregoing, the Personal Trainer(s) hereby grant to Forvo, on a non-exclusive license, for the maximum time permitted by Applicable Law, and on a worldwide territorial scope, the commercial use rights over the Content and/or materials incorporated, and particularly the reproduction rights, public communication, and the right to make them available for Public access on the Internet, transformation, including the translation of texts into other languages and the adaptation of the Content to its presentation on Forvo Academy and on Forvo's Social Profiles; and distribution of photography's, texts, videos or any other content that is subject to protection, according to the Applicable Law, for the sole purpose of being exhibited and communicated in Forvo Academy or in Forvo's Social Profiles.
Transfer of Image Rights. From the Forvo Academy, the Personal Trainer(s) must insert in his/her user profile his/her image, whether in static form or in a video presentation. For his/her part, the Forver(s) may also insert his/her image or profile photograph. Accordingly, both the Forver(s) and the Personal Trainer(s) user hereby grant to Forvo, on a non-exclusive basis and free of charge, the right to use their image for publication or display within the Forvo Academy. This right hereby grants Forvo the faculty to use the User's image in accordance with the Applicable Law, in a respectful manner regarding the protection of the User's right to Honor, Privacy and Image, with the sole purpose of improving and/or adapting the offer of Services and improving the learning experience on Forvo Academy, and communicated in Forvo Academy or in Forvo's Social Profiles.
The Platform and Services provided by Forvo Academy or any of our Licensors, are provided on an "as is" and "as available" basis, under these Terms and Conditions and Applicable Law, it is expressly understood that Forvo may not supervise, control or restrict the Users' or any third party's contents.
Forvo expressly disclaims all warranties, whether expressed or implied, including warranties relating to any Products or Services provided by third parties, and the implied warranties of merchantability, fitness for a specific purpose and non-infringement, under Applicable Law. Your use of Forvo Academy is at your own discretion and risk. Specifically, The User(s) is solely responsible for selecting his/her Personal Trainer(s) from the available profiles on the Platform, based on his/her sole discretion and educational or economic convenience. To this regard, Forvo disclaims any representations or warranties of any kind, be they expressed or implied, regarding the quality, identity or reliability of any third party, including the accuracy of any publications or other information posted on Forvo Academy by third parties.
To the greatest extent permitted by Applicable Law, Forvo is not liable for (i) any direct and/or indirect, consequential, punitive damages of any other kind incurred by Users or any third party in connection with their use of the Services or any other activities, direct or indirect, carried out by and/or through Forvo Academy; (ii) Business losses; (iii) reputational losses; (iv) loss of any data under the control or responsibility of the Users, as well as, in any case, (v) Forvo shall not be liable for damages of any kind, including loss of profits, which may be due to the Services provided by Forvo or by third Parties through Forvo Academy or any of its Applications, as well as to the means they provide to manage the Service requests.
Among others, but not limited to, Forvo is not responsible, to the maximum extent permitted by Applicable Law, for the following circumstances:
Forvo also disclaims any liability, including but not limited to: for acts of unlawful competition and illegal advertising, as well as the lack of veracity, accuracy, comprehensiveness, defects, errors, relevance and/or timeliness of the content distributed, stored, received, made available or accessible through the services provided by third parties through Forvo.
Personal Trainer(s) shall be liable for any damages of any nature that Forvo may suffer as a result of a breach of any of the obligations to which it is subject under these Terms and Conditions or the Applicable Law. Personal Trainer(s) assumes full responsibility and holds Forvo exonerated for any non-compliance with any Professional, Collegial or Administrative regulations required for the provision of Personal Trainer(s) services under Applicable Law.
The term of the Services accessible through the website www.forvo.com is unlimited, however, Forvo reserves the exclusive right, at its sole discretion, to definitively interrupt or stop providing these Services. The definitive termination by Forvo of the provision of the Services will be communicated to the Users with sufficient time in advance so that they can adequately manage the consequences of such termination.
Forvo may terminate or suspend the Service in cases of breach of these Terms and Conditions by Users. The following conduct, but not limited to, shall be considered a violation of these Terms and Conditions: (i) Making improper or fraudulent use of Forvo Academy or in any way infringing the copyrights of Forvo or Users; (ii) Use of Forvo Academy for any purpose not permitted by Applicable Law or these Terms and Conditions; and/or, without limitation, (iii) any other violation of these Terms and Conditions and/or any other specific Terms and Conditions applicable to the use of Forvo Academy.
In those cases, Forvo will provide the User concerned a reasoned statement of the grounds for the decision, unless Forvo shall be subject to a legal or regulatory obligation not to provide specific facts or circumstances or reasons for such decision, or, in the case of termination of the service because of repeated violation by the User of the Terms and Conditions, provided that Forvo can prove such violation. If the User breaches these Terms and Conditions, Forvo will withdraw any license granted and the User will lose, with no monetary claim, any benefits associated with the User's participation in Forvo Academy.
In addition, Forvo may terminate or suspend a User's profile for inactivity or non-use for a continuous period of twelve (12) months, or for any circumstance that, in Forvo's sole discretion, constitutes a breach of these Terms and Conditions or other applicable Specific Terms or Conditions.
The User may at any time voluntarily unsubscribe and terminate these Terms and Conditions by cancelling or closing his/her User Profile and deleting from his/her devices the Programs or Applications that are part of Forvo.
Regarding Personal Trainer(s) Users, they may unsubscribe by contacting Forvo through the Platform or by contacting by email to email@example.com at least 30 days prior to the desired date of their cancellation. This cancellation, once authorized by Forvo, will entail the termination of the contractual relationship of the applicable Terms and Conditions and will cease to have effect, except for those clauses from which it can be deduced that they are effective even after the end of the contract, in particular those related to the effective and complete provision of the sessions committed and the economic management of the Services provided by the Personal Trainer(s) through Forvo.
Forvo hereby reserves the right, at its sole discretion, to modify the Forvo Academy platform, the Services, as well as these Terms and Conditions, at any time and without prior notice. Those modifications that are directly connected with the normal use of Forvo Academy or that affect the availability, maintenance and/or management of the Services, will be communicated to Users by publishing notifications on the Platform itself in a visible and/or accessible place or, alternatively, by email so that the Use of Forvo Academy after the date of its publication or mailing shall indicate the User's agreement with these modifications.
Forvo also reserves the right to make modifications or changes to Forvo Academy or its Terms and Conditions at any time, when they are necessary to eliminate or modify elements that, at Forvo's criteria, do not ensure the safety of the Platform, the Service or that are illegal, offensive or discriminatory and/or when the Service or the online connection to the Platform is compromised by viruses or malware, spamming, or when the safety of the Service is compromised in any other way.
These Terms and Conditions, their interpretation together or separately, the Provision of the Forvo Services and the relation that the Users maintain with Forvo, shall be governed by the Laws and Courts of the Kingdom of Spain, notwithstanding any other international law dispositions related to the determination of the Applicable Law and the competent Court that may be applicable in each case.
If any clause of the Terms and Conditions of Service is declared invalid by a Court of Competent Jurisdiction, the Parties agree that the mentioned Court may attempt to give effect to the intentions of the Parties as reflected in the invalid clause, and the remaining provisions of the Terms and Conditions of Service shall remain in full force and effect.