We are pleased that you have decided to use LIYA, an application which is available for download on your mobile device on the Apple Store and Google Play Store (the "App"). The App is operated by YGSG Professional Services LLC, a New York limited liability company ("YGSG"). YGSG and its affiliated companies are collectively referred to as "YGSG". These Terms and Conditions of Use ("Terms of Use") govern your access to and use of the App. In these Terms of Use, the words "you" and "your" refer to each user, App guest or visitor and "we", "us" and "our" refer to YGSG, its subsidiaries, successors in interest and assigns, the App, and www.playliya.com.
By downloading the App and providing your Apple Login Information, Google Login Information or creating your own account by providing your email and password, as required to access the App and/or using the Services, as defined herein, you agree that you have read and understood the Terms and Conditions of Use and agree that you will comply with same for as long as you use the App. Downloading the App and providing your email address, Google Login Information or Apple Login Information signifies your acceptance of these Terms of Use and your acknowledgement that you are legally bound by them.
Please read these Terms of Use carefully before using the App and make sure you understand them. These Terms of Use contain important information regarding your legal rights, remedies and obligations. These include various limitations, exclusions, and obligations, including but not limited to a clause that governs your submission to binding arbitration and a class action waiver. If you do not wish to be bound by these Terms of Use, you may not download the App or use the Services.
These Terms of Use, including all documents referenced herein, represent the entire understanding and agreement between YGSG and you regarding your use of the App and supersede any prior statements or representations. The App's Privacy Policy is incorporated into these Terms of Use by reference and is made a part hereof [playliya.com/privacy]. You are not authorized to use the App if you do not agree to be legally bound by any or all of these Terms and Conditions. Complaints or questions regarding these Terms of Use may be sent to us by using the "Contact Us" feature in your App Settings.
From time to time, these Terms of Use may change. YGSG reserves the right to modify these Terms of Use without prior individual notice. We will post changes to the Terms of Use on the App and changes will become effective once posted. Your continued access to or use of the App will be deemed as acceptance by you of the then-current Terms of Use. Please review these Terms of Use often so that you will remain abreast of our current policies.
You can tell when the Terms of Use were last modified by checking the "last updated" date that appears at the top.
LIYA is a mobile application offering educational tools for job seekers and individuals looking to learn new concepts for a variety of professional industries. The App achieves its mission by offering users vocabulary, grammar, and word games (the "Services").
Industry professionals from across all sectors have been working on the industry-level content of this application to ensure that users are learning the most relevant information for the professional industries that interest them.
As users move through the game, they will be faced with tougher questions and challenges to test their proficiency of the terminology of these given industries. Through the exercises in this game, users should strive to maximize their understanding of the industry lingo so that they can apply it to their job application processes, day-to-day professional interactions, and even casual conversations.
You must be at least 16 years old to use the Services. The App will be available for download on the Apple Store and Google Play Store, for free. Once registered for the game on the Apple Store or Google Play Store, a free trial will allow users to learn up to 20 terms related to each industry. In order to continue playing beyond that, users will have to register for the premium version of the App, with the option of paying a monthly, auto-renewable subscription fee of $5.99, or an annual, auto-renewable subscription fee of $59.99. This will provide unlimited access to all educational content for all professional industries. Subscriptions will automatically renew unless cancelled within 24 hours before the end of the current period. You can cancel your subscription at any time from your Subscriptions settings. If you are an Apple user, you can manage your subscription by accessing the iTunes & App Store Account Settings page under the "Subscriptions" tab. If you are a Google Play user, you can manage your subscription by accessing the Google Play Store's menu page under the "Subscriptions" tab. Please make sure to follow this information, as deleting your App account does not cancel your subscription.
To access the Services, you must provide your Apple Login Information, Google Login Information, or create your account through providing an e-mail address and a password. The information you provide is subject to our Privacy Policy. Please see our Privacy Policy [playliya.com/privacy] for information concerning the collection and use of Personal Information from the App. You are responsible for the security of your passwords and will be solely liable for any use or unauthorized use of the App under such passwords. You agree to notify us if there has been any unauthorized use of your information. You should not share your password with anyone.
By providing your information, you consent to us or other third parties contacting you about your interest in the Services by email, phone or through any other contact information you have chosen to provide. You may opt out of marketing by following the instructions in our Privacy Policy, which you can read here [playliya.com/privacy].
We may, in our sole discretion, create promotional codes, such as an extended free trial code, that may be redeemed by you, subject to any additional terms that we establish on a per promotional code basis. You may redeem each promotional code only once. Reselling or transferring promotional codes is strictly prohibited. Promotional codes have no dollar value, and may not be redeemed for cash or a refund on any existing subscription or past purchase. We may modify, suspend, or terminate a promotional code at any time for any reason.
Automatic Renewal Terms for Extended Free Trial CodesUnless you cancel at least 24 hours prior to when your extended free trial concludes, you will automatically become a recurring monthly subscriber after your extended free trial ends. The payment method you provided will then automatically be charged for the monthly subscription price. If you cancel during your extended free trial, you will lose access to the subscription service at the end of the free trial. Existing subscribers are not eligible to redeem extended free trial codes.
Materials on this App, including but not limited to sound recordings, images, content, reports, trademarks, compilations, and graphics (collectively referred to as the "Materials"), are protected under various intellectual property laws and owned or controlled by YGSG, or used with permission of the owner(s) of such Materials. The display of Materials at this App does not imply that a license of any kind has been granted to you.
YGSG hereby grants you permission to use the App and the Materials as set forth in these Terms of Use, provided that:
Except as otherwise indicated on this App, copying, reproducing, uploading, downloading, transmitting or any other use of this App or of any of the Materials, in whole or part, without the express permission of YGSG, is prohibited. Any unauthorized access to, use or copying of this App and/or the Materials may subject you to liability under applicable law, and may result in legal action.
Please see YGSG's Privacy Policy [playliya.com/privacy] for information concerning the collection and use of Personal Information from this App.
Upon your registration of a valid account and unless and until cancellation or termination of that account, you have the right to use the software provided to you by YGSG as part of the Services provided to you by YGSG (referred to as the "Software" below). These Terms of Use do not grant you any right, title, interest in or for any other activity not indicated and authorized herein in relation to the Software, the Services or the other content on the App ("Content"). Unless YGSG has given you specific written permission to do so, you may not sell, transfer, assign or grant a license of your rights to use the Software or Services, grant a security interest in or over your rights to use the Software or Services, or otherwise transfer any part of your rights to use the Software or Services.
In connection with your use of the App, Services and Content, you may not and you agree that you will not:
YGSG has the right to investigate and prosecute violations of any of the above to the fullest extent of the law and execute the applicable consequences as per the result of any legal procedure. In addition, and as set in these Terms, YGSG may take a range of actions against you, including but not limited to deactivating or canceling your account, for a violation of this Section or these Terms.
You may terminate your Account at any time by clicking on the "Delete Account" button located in the App Settings.
YGSG may terminate or suspend your Account, and/or your access to the Services at any time, for any reason, at YGSG's sole discretion. If you or we terminate this Agreement, the Terms of Use remain in effect after your access to the Services is terminated, or your use of the Service ends.
The App may contain links to other applications, websites and social media features (collectively, "websites") that are not controlled and/or maintained by YGSG. Access to and use of such other websites is at your own risk and subject to any Terms of Use and Privacy Policies which govern such websites. By providing such links, YGSG shall not be deemed to endorse, recommend, approve, guarantee or introduce any third parties or their services or products, or any facts, views, advice, information, promotions and/or products found on such websites. YGSG is not responsible for the content contained on any such websites, or for the failure of any product or service offered for sale or advertised on any such websites or for any damages that may result therefrom. Copyrights in the materials or information on the linked websites are owned by other organizations. Moreover, such other websites may have privacy policies or Terms of Use that differ from those of the App and/or may provide their users with less security than the App. Accordingly, you should review the privacy policies and terms of use on such other sites before using them.
You must register to access the App and use the Services.
You are responsible for maintaining the confidentiality of your password and account information, and you agree that you will restrict access to your computer to avoid disclosure of such. You further agree that you will be responsible for all activity taken under your password and/or account.
YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND ACKNOWLEDGE THAT ALL INFORMATION CONTAINED IN THE SERVICES IS PROVIDED "AS IS" AND "AS AVAILABLE," AND THAT WE DISCLAIM ALL WARRANTIES OR GUARANTEES, EITHER EXPRESS OR IMPLIED, AS TO THE SERVICES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT. We make no representations or guarantees that the Services are compatible with your equipment or that the Services, or that any electronic communications sent by us or our affiliates, are error-free or will be free from loss, destruction, damage, interruption, corruption, attack, viruses, worms or other harmful, invasive or corrupted files, interference, hacking or other security intrusion, and we disclaim any liability relating thereto. You agree that we have the right to change the Content or technical specifications of any aspect of the Services at any time at our sole discretion. You further agree that such changes may result in your being unable to access the Services.
We make no guarantees, representations or warranties that the Services or information available through the Services, or that the use of or result of the use of the Services, will be accurate, reliable, complete, current, uninterrupted or without errors.
Some of the available content, services and information may include materials that belong to third parties. You acknowledge that we assume no responsibility for such content, services or information. The content of other Site, services, goods or advertisements that may be linked to or from the Services is not maintained or controlled by us. We do not: (a) make any warranty, express or implied, with respect to the use of the links provided on or to the Services; (b) guarantee the accuracy, completeness, usefulness or adequacy of any other Site, services or goods, that may be linked to or from the Services; or (c) make any endorsement of any other Site, services or goods that may be linked to or from the Services.
YGSG endeavors to make sure that all information and data it originates on the App is accurate. However, YGSG is not responsible for any damages or loss related to the use of this App.
To the extent permitted by law, you, on your own behalf and on behalf of any related third party, employees and agents, waive and release any and all claims and rights against YGSG and affiliates, parents, and successors and each of our and their employees, assignees, officers, agents and directors (collectively, the "YGSG Parties") resulting from any damage by the use of the App.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL YGSG, ITS SUBSIDIARIES OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING FROM USE OF OR INABILITY TO USE THE SERVICES, INCLUDING THOSE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS OR LINE FAILURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF YGSG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY SERVICES OR CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF THE APP, AND ALL OTHER USE OF THE APP, IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS THAT RESULTS THEREFROM. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY OR MAY NOT APPLY TO YOU. TO THE EXTENT PERMITTED BY LAW, OUR AGGREGATE LIABILITY FOR DAMAGES IN CONNECTION WITH THE SERVICES WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS THE SERVICES OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
You agree to indemnify, defend and hold YGSG, our subsidiaries, affiliates, third-party vendors, directors, officers, employees and agents harmless, including costs, liabilities and legal fees, from any and all claims or demands made by any third party arising out of or relating to: (i) your access to or use of the Services; (ii) your violation of any third-party right, including, without limitation, any copyright, property or privacy right; or (iii) any breach by you or your affiliates, employees, agents and representatives of the Terms of Use. We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate in such defense. You agree not to settle any matter in which you have indemnity obligations without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. You agree that your representations and warranties, and your obligation to indemnify YGSG, shall survive beyond any term for which these Terms of Use are in effect.
The following terms and conditions apply only if you are using the Apps from the Apple App Store. To the extent the other terms and conditions of these Terms of Use are less restrictive or otherwise conflict with the terms of this paragraph, the terms of this paragraph shall govern, solely with respect to Apps from the Apple App Store. YGSG and you acknowledge that these Terms constitute an agreement between YGSG and you, and not with Apple, and YGSG, not Apple, is solely responsible for the App and its contents. Your use of the App must comply with the App Store Terms of Service. YGSG is solely responsible for providing any maintenance and support services with respect to the App, and Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. Further, YGSG is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be YGSG's sole responsibility. YGSG and you acknowledge that YGSG, not Apple, is responsible for addressing any claims of yours or any third party relating to the App or the user's possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. YGSG and you acknowledge that, in the event of any third party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, YGSG, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You must comply with applicable third party terms of agreement when using the App. YGSG and you acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of the Terms of Use, and that, upon the user's acceptance of the terms and conditions of the Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms of Use against the user as a third party beneficiary thereof.
If any part of the Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations contained herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms of Use shall continue in effect. Unless otherwise specified herein, the Terms of Use and the Privacy Policy constitute the entire agreement between you and YGSG with respect to the Services.
YGSG is not responsible for any damages or loss related to your reliance on any outdated version of these Terms of Use, including, but not limited, to any outdated version of our Privacy Policy.
When you communicate with YGSG electronically, via email or otherwise, you consent to receive electronic communications from YGSG. You agree that all communications (including, but not limited to all notices, agreements and disclosures) provided to you electronically by YGSG satisfy any legal requirement that such communication be in writing.
With respect to all communications you make to YGSG directly and/or through the App, including but not limited to feedback, questions, comments, suggestions and the like: (i) you shall have no right to confidentiality in your communications and YGSG shall have no obligation to protect your communications from disclosure; (ii) YGSG shall be free to reproduce, use, publish, display, disclose and distribute your communications to others without limitation; and (iii) YGSG shall be free to use any ideas, concepts, know-how, information, data content or techniques contained in your communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information.
In the event that YGSG and/or any of its affiliated entities is involved in a merger, acquisition, consolidation, restructuring, reorganization, liquidation, sale or similar transaction relating to any portion of its business and/or assets, you hereby acknowledge and agree that this App, all data collected on this App, and all rights of YGSG and its affiliated entities hereunder may be included in the assets of, and/or transferred pursuant to, such transaction. If that occurs, YGSG will post a notice to such effect on this App.
If you have any questions concerning this App or any of the policies set forth in these Terms of Use, a message may be sent to us using the "Contact Us" feature in your App Settings. YGSG can also be reached directly at contact@playliya.com. YGSG's physical address is 500 Fifth Avenue, New York, NY 10110. Please send all messages to the email address provided or within the App Settings, and not the physical address provided.
YGSG values intellectual property and respects the intellectual property rights of others, and will remove materials on its Website that infringe the copyrights of others. If you believe that your copyrighted material has been infringed by material contained on this App, you may notify YGSG in writing as follows:
Electronic Mail Address: contact@playliya.com.
In your notice, you must include the following:
Software from or related to this App (the "Software") may be subject to US export controls or the export controls of other countries from where you access the Site. No Software may be downloaded from the App or otherwise exported or re-exported in violation of US or other countries' export laws, as applicable. Downloading or using the Software is at your sole risk.
Use of this App and these Terms of Use shall be governed by the laws of the State of New York of the United States of America, without regard to its conflict of law provisions. In the event that any portion of these Terms of Use are deemed unenforceable, unlawful or void by a tribunal of competent jurisdiction, in any jurisdiction for any reason, unless narrowed by construction, such portion of these Terms of Use shall, for purposes of such jurisdiction only, be construed as if such invalid, prohibited or unenforceable portion had been more narrowly constructed so as not to be invalid, prohibited or unenforceable (or if such provision cannot be drawn narrowly enough, the tribunal making any such determination shall have the power to modify such portion of these Terms of Use to the extent necessary to make such portion of these Terms of Use enforceable in such jurisdiction, and such portion shall then be applicable in such modified form in such jurisdiction). If, notwithstanding the foregoing, any such portion of these Terms of Use would be held to be invalid, prohibited or unenforceable in any jurisdiction for any reason, such portion, as to such jurisdiction only, shall be ineffective to the extent of such invalidity, prohibition or unenforceability, without invalidating the remaining provisions set forth in these Terms of Use. No narrowed construction, modification or invalidation of any portion of the Terms of Use shall affect the construction, validity or enforceability of such portion in any other jurisdiction. No waiver by YGSG of any term or condition of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or of any other term or condition, and YGSG's failure to assert any right or demand compliance with any provision of these Terms of Use shall not be deemed to constitute a waiver of any such right or provision.
Except where prohibited by law, as a condition of you clicking acceptance of these Terms of Use and/or accessing and/or using this App, you agree that (1) any and all disputes and causes of action arising out of or connected with this App shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration in New York within one year from the date that the cause of action arose (or, if multiple cause of actions are involved, from the date that the first cause of action arose), with such arbitration conducted pursuant to the then prevailing rules of the American Arbitration Association; and (2) judgment upon such arbitration award may be entered in any court having jurisdiction. To the fullest extent permitted by law, no arbitration brought pursuant hereto shall be joined to any other action or arbitration.
To the fullest extent permitted at law, under no circumstances will you be permitted to obtain an award for, and by accessing and/or using the App you waive all rights to claim, punitive, incidental, consequential or any other damages (including multiplied and/or increased damages and/or attorneys' fees and court costs) for, any dispute or cause of action that you may have that relates in whole or part to this App and/or the Materials. Notwithstanding anything to the contrary set forth in these Terms of Use or otherwise, your recovery with respect to any and all claims, judgments, and awards for which you are entitled shall, to the fullest extent permitted at law, be limited to your actual out-of-pocket costs incurred, excluding attorneys' fees and court costs.
Notwithstanding anything to the contrary set forth in these Terms of Use, YGSG may at any time seek injunctive or other appropriate relief against you and/or against others, in any state or federal court in the state of New York and/or in any other court chosen by YGSG, in the event that YGSG believes that there is a violation, or a threatened violation, that has jurisdiction of any of YGSG's intellectual property rights and, in such case, you hereby consent to the exclusive jurisdiction and venue of such court.