These legally binding Terms are provided in Russian language. The Terms in any other language are provided for reference only.Company: Practice Exam LLC
Address: Saranskaya st., 8-45, Moscow, 109156, Russia
Registration number: 1197746596255
Email: Terms of Service https://www.lang-test.com/jp/
Acceptance of Terms of Service
Access to the Website Services may be granted only to individuals. Please note that one (1) account shall be used only by one (1) individual. Thus, your account on the Website is a personal not multiuser, and it is prohibited by these Terms of Service to give access to your account to other individuals. Should You attempt to violate these Terms of Service, the Company has the right to block or delete your Website account without any explanation and without compensation.
Warranties and Disclaimers
ALL CONTENT AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” THE COMPANY HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE SERVICES OR THE CONTENT. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF THIS WEBSITE OR SERVICES. YOU ACKNOWLEDGE THAT ANY INFORMATION SENT MAY BE INTERCEPTED IN TRANSMISSION OR OTHERWISE. THE COMPANY DOES NOT WARRANT THAT THE WEBSITE OR THE SERVERS OR ELECTRONIC COMMUNICATIONS SENT BY THE COMPANY ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL ELEMENTS. Except as agreed by the Company in writing, contractors, agents, dealers or distributors of the Company or any other third party shall not have a right to modify this limited warranty, nor to make any additional warranties.
THE USE OF THE SERVICES OR OTHER USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR CONSENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, YOUR SITE, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. THE COMPANY ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE WEBSITE OR IN CONNECTION WITH SERVICES. NO ADVICE OR INFORMATION WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR FROM THE WEBSITE OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
The Website may contain references to specific products and services that may not be available in a particular country. Any such reference does not imply or warrant that any such products or services shall be available at any time in any particular country. Access to the Website and territorial restrictions depend on the country where you activated your subscription. If your residence has changed to another country, please appeal to our technical support.
You understand and agree that by using the Website, You may be exposed to the Company’s Content that You may find offensive, indecent or objectionable and that, in this respect, You use the Website, services and products at Your own risk.
IN NO EVENT SHALL THE COMPANY OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, CONTRACT, REVENUE, DATA, INFORMATION OR BUSINESS INTERRUPTION), UNDER ANY THEORY OF LIABILITY, RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THIS WEBSITE OR THE COMPANY’S CONTENT, PRODUCTS, SERVICES, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THIS WEBSITE, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED, OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE DATA, ANY LOSS OF DATA, LOSS OR DAMAGE TO FILES, LOSS OR DAMAGE TO THE COMPANY’S CONTENT, ANY SERVICES AVAILABLE THROUGH THE WEBSITE THAT ARE DELAYED OR INTERRUPTED, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU HEREBY WARRANT THAT: (i) ALL INFORMATION PROVIDED BY YOU TO THE COMPANY IN CONNECTION WITH THE SERVICE IS TRUE AND ACCURATE; (ii) YOU HAVE FULL POWER AND AUTHORITY TO ENTER INTO THE TERMS OF SERVICE AND PROVIDE LICENSE AS SET FORTH HEREIN; (iii) YOU WILL SEEK ALL NECESSARY GOVERNMENTAL APPROVALS REQUIRED TO EFFECTUATE THE TERMS OF SERVICE; (iv) YOU SHALL PERFORM ALL OF YOUR OBLIGATIONS UNDER THE TERMS OF SERVICE IN ACCORDANCE WITH APPLICABLE LAWS; AND (v) YOUR MATERIALS, TEXT, GRAPHIC, AUDIOVISUAL, AND OTHER CONTENT (“YOUR CONTENT”) AND THAT IS NOT PROVIDED BY THE COMPANY, OR WEBSITE DO NOT (1) INFRINGE ANY INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY, (2) CONSTITUTE DEFAMATION, LIBEL OR OBSCENITY, (3) RESULT IN ANY CONSUMER FRAUD, BREACH OF CONTRACT TO WHICH YOU ARE A PARTY OR CAUSE INJURY TO ANY THIRD PARTY, (4) PROMOTE VIOLENCE OR CONTAIN HATE SPEECH, (5) VIOLATE ANY APPLICABLE LAW, STATUTE, ORDINANCE, OR REGULATIONS, OR (6) CONTAIN ADULT CONTENT.
The term of these Terms of Service (the “Term”) shall begin when You start using the Website and shall continue in perpetuity unless otherwise terminated by the Company by written notice. The Company expressly reserves the right to change, suspend or discontinue all the Website Services or portion thereof, at any time, and may terminate Your use of the Website Services at any time. Without prejudice to any other rights, these Terms of Service will terminate automatically if You fail to comply with any of the limitations or other requirements described herein. Upon any termination or expiration of these Terms of Service, You must immediately cease using the Website including without limitation any use of the Company’s trademarks, trade names, copyrights and other intellectual property. UPON TERMINATION OF THIS AGREEMENT YOU WILL NO LONGER BE AUTHORIZED TO USE THE SERVICES IN ANY WAY.
Links to Other Sites and Third Party Materials
In order to use the Website You may need to obtain and/or use certain third-party products, services and/or materials (“Third Party Materials”). Third Party Materials are (i) not licensed hereunder; (ii) not under the Company’s control or license; and (iii) subject to the applicable licenses and respective terms and conditions of such third parties which You need to enter into prior or subsequent to the installation and/or use of the Third Party Materials and prior to the effective use of the Website. Notwithstanding any provision to the contrary herein, nothing in these Terms of Service shall be construed as to grant You any rights or licenses with regard to such Third Party Materials or to entitle You to use such Third Party Materials.
Copyright, trademark and all other proprietary rights in the Website and/or Company Content (including but not limited to software, services, audio, video and text) rest with the Company and/or its licensors. Unless otherwise specifically provided herein or authorized by the Company in writing, all rights in the Website and/or Company Content not expressly granted herein are reserved. You agree not to copy, republish, frame, make available for download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Website and/or the Company Content. All copyright and other proprietary notices shall be retained on all reproductions.
You may from time to time provide suggestions, comments or other feedback to the Company with respect to any product, material, software or information provided by the Company (hereinafter “Feedback”). You agree that all Feedback is and shall be entirely voluntary and shall not, absent separate agreement, create any confidentiality obligation for the Company. The Company shall be free to disclose and use such Feedback as it sees fit, entirely without obligation of any kind to You. The foregoing shall not, however, affect either party’s obligations hereunder with respect to the information protected pursuant to any privacy policies posted on the Website.
Procedure for Making Claims of Copyright Infringement
If You believe that Your work has been copied in a way that constitutes copyright infringement, please provide the Company with a written information specified below. Please note that this procedure is exclusively for notifying the Company and its affiliates and its licensors that Your copyrighted material has been infringed.
- 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 upon;
- A description of where the material that You claim is infringing is located on the Website;
- Your address, telephone number, and e-mail 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;
- 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 authorized to act on the copyright owner's behalf.
Assignment of Rights to Your Content
You grant the Company and the Company accepts full scope of intellectual property rights to Your Content pursuant to the terms and conditions of these Terms of Service subject to provision of free limited access to the Website Services by the Company as a consideration.
You may not use the Website for any purpose that is unlawful, prohibited by these Terms of Service, or in any way interferes or attempts to interfere with the proper working of this Website. You may not use this Website in any manner that could damage, disable, overburden, or impair the Website, or that interferes with any third party’s use and enjoyment of this Website. You agree that You will not use any third-party software that intercepts, “mines,” or otherwise collects information from or through the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by the Company to all users of this Website. You shall not institute, assist, or become involved in an attack upon any Company server or otherwise attempt to disrupt the Company servers.
You hereby agree to indemnify and hold harmless the Company, its affiliates, officers, directors, agents, and employees, from any expense, loss, claim, damage, fine, penalty or liability, including reasonable fees for attorneys and other professionals, payable under any judgment, verdict, court order or settlement, to the extent resulting from any claim, demand, action or other proceeding initiated by any third party, including the demand by a governmental agency or entity, arising out of Your breach of these Terms of Service and/or Your Content, including without limitation infringement by Your Content of any third-party intellectual property and/or proprietary right, including, but not limited to, patent, trademark, copyright, trade secret, publicity and/or privacy.
These Terms of Service shall be governed by and construed in accordance with the laws of the Russian Federation without regard to its principles of conflict of laws. The Company does not bear any responsibility nor assumes any risks if by any reason the use the Website commits a breach of national law of any state. Those who access this Website do so on their own initiative and are responsible for compliance with their national laws. All claims related to these Terms of Services shall be resolved in Tverskoy District Court of Moscow.
Payments and Refund Policy
All rights and privileges provided herein to You under these Terms of Service are subject to your compliance with all of the terms and conditions and payments of applicable fee, if any, provided however, that the Company expressly reserves the right to provide the Website free of charge during the Term, and further provided, that the Company, solely at its own discretion may elect to provide the same or similar Website for a fee. The Company will not provide refunds of the fees you have paid for the Website Services.
You may use different payment methods provided by third parties on the Website. The payment data is processed by you directly to such third parties on terms and conditions, specified by such parties, and is not stored on the Company servers. Payment errors may occur due to actions of such third parties and the Company is not responsible for such errors or additional fees collected by such third parties. Upon successful payment you will receive an e-mail confirmation.