Last Modified: February 27, 2019
These terms and conditions (“Terms and Conditions”) is made by and between Translatable, LLC., a California corporation with an address of 15445 Ventura Blvd., #318, Sherman Oaks, CA 91403
(“Translatable,” “us”, “our” or “we”), and you the user (“you,” “your,” or “user”). Translatable is a language translation company, licensed to provide translation services to various websites. By using the Translatable service, or any related services provided by Translatable (the “Translatable Service”), you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU SHOULD NOT USE THE TRANSLATABLE SERVICE, OR USE ANY TRANSLATABLE TRANSLATED WEBSITES AT ANY TIME.
3. Ownership. You acknowledge and agree that the services provided by the Translatable Service (“Service”) and any necessary software used in connection with the Translatable Service (“Software”) contain proprietary and confidential information that is the property of Translatable and its licensors, and is protected by applicable intellectual property and other laws. No rights or title to any of the Software used in connection with any Service is provided, transferred or assigned to you. You further acknowledge and agree that content contained in advertisements or information presented to you through any Service or advertisers is protected by copyright, trademarks, service marks, patents or other proprietary rights and laws. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or Software, in whole or in part. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Translatable Service.
4. Passive Conduit. You acknowledge and agree that Translatable is an independent company from the website you have requested to translate using the Translatable Service. You further acknowledge and agree that Translatable is merely a provider of translation services, and has no editorial control over any content displayed on any websites. Translatable serves no function and performs no role in any website’s business activities other than to provide the Translatable Services. Translatable is not responsible for any content posted on, linked from, or any other material or service provided in connection with the websites you have requested to translate using the Translatable Service.
5. Trademarks. You acknowledge Translatable exclusive rights in the Translatable trademark and service mark. Trademarks, service marks, logos, and copyrighted works appearing in this Translatable Service are the property of Translatable or the party that provided such intellectual property to Translatable. Translatable and any party that provides intellectual property to Translatable, retain all rights with respect to any of their respective intellectual property appearing in this Translatable Service, and no rights in such materials are transferred or assigned to you.
6. Translatable Service Use. Translatable has been granted a license by Bonnier Corporation to translate Bonnier Sites. The services provided by Translatable are for your personal and non-commercial use. You may not use any Service provided by the Translatable Service for any other purpose, including any commercial purpose. Translatable grants you a limited, revocable, nonexclusive license to use the Translatable Service solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy Translatable materials, reverse engineer or break into the Software, or use materials, products or services in violation of any law. The use of this Translatable Service is at the discretion of Translatable and Translatable may terminate your use of the Translatable Service at any time, or any part thereof.
7. Submissions. Translatable does not permit any submissions by you of any kind. In the event you choose to make a submission of any kind to Translatable, you hereby grant to Translatable a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, comments, suggestions, ideas, graphics, or other information communicated by you to Translatable through this Translatable Service (hereinafter, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. You agree that Translatable will not be bound to treat any Submission as confidential and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Company operations or business.
8. Hyperlinking. This Translatable Service may be hyperlinked to and by other websites which are not maintained by, or related to, Translatable. Hyperlinks to such sites are provided as a service to you, and are not sponsored by, endorsed or otherwise affiliated with Translatable. Translatable has not reviewed any or all of such sites and is not responsible for the content of any linking sites, and any links made directly from Translatable to another web page should be accessed at your own risk. Translatable makes no representations or warranties about the content, completeness, quality or accuracy of any such third party website.
9. Use of Services. When using a the Service, you agree that you will not post, send, submit, publish, or transmit in connection with this Translatable Service, or cause to be posted, sent, submitted, published or transmitted, any material that:
(i) you do not have the right to post, including any proprietary material of any third party protected by intellectual property laws (or by rights of privacy or publicity);
(ii) advocates illegal activity, discusses an intent to commit an illegal act or violates any law;
(iii) is vulgar, obscene, pornographic, or indecent;
(iv) threatens or abuses others;
(v) is libelous or defamatory towards others;
(vi) is racist, abusive, harassing, threatening or offensive;
(vii) seeks to exploit or harm children by exposing them to inappropriate content, or asking for personally identifiable details or information;
(viii) harvests or otherwise collects information about others, including e-mail addresses, without their consent;
(ix) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates or forges headers or identifiers to disguise the origin of content;
(x) falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissibly uploaded (e.g., copyright, trademark or patent notices);
(xi) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this Translatable Service;
(xii) solicits funds, advertisers, or sponsors for any purpose;
(xiii) includes programs that contain viruses, worms ,/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications device;
(xiv) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real-time activities via this Translatable Service;
(xv) amounts to a pyramid or other like scheme, including contests, chain letters, and surveys;
(xvi) disobeys any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of this Translatable Service or any networks connected to this Translatable Service; or
(xvii) contains hyperlinks to other sites that contain content that falls within the scope of this Section.
You remain solely responsible for the content of your Submissions. You acknowledge and agree that neither Translatable, nor any third party that provides content to Translatable, will assume or have any liability for any action made by Translatable or such third party with respect to any Submission.
You acknowledge that the Translatable Service may or may not pre-screen any materials uploaded to the Translatable Service and that Translatable and its designees shall have the right, but not the obligation, in its sole discretion to pre-screen, refuse, remove, or delete any content that violates this Agreement or is otherwise objectionable as determined by the Translatable Service in its sole discretion.
Translatable reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Translatable Service (or any part thereof) with or without notice. You agree that Translatable will not be liable to you or any third party for any modification, suspension or discontinuance of the Translatable Service.
WHILE TRANSLATABLE EXPLICITLY PROHIBITS THE ABOVE CONDUCT, YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE EXPOSED TO SUCH CONDUCT AND CONTENT AND THAT YOUR USE OF THE TRANSLATABLE IS ENTIRELY AT YOUR OWN RISK, AND THAT TRANSLATABLE SHALL HAVE NO LIABILITY OF ANY KIND FOR SUCH CONDUCT.
YOU UNDERSTAND AND AGREE THAT IF YOUR USE OF TRANSLATABLE PLATFORM VIOLATES ANY OF THE ABOVE CONDUCT, TRANSLATABLE CAN TERMINATE YOUR USE OF THE TRANSLATABLE PLATFORM IMMEDIATELY WITHOUT PRIOR NOTICE AND WITHOUT ANY RIGHT OF REFUND, SET-OFF, OR A HEARING.
10. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Translatable Service. You further agree that information provided by you is truthful and accurate to the best of your knowledge.
11. Indemnification. You agree to indemnify and hold Translatable, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of this Agreement by you, and any third party claims regarding any of your Submission(s) to the Translatable Service. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of any content or information or Service accessed from this Translatable Service.
12. Disclaimer. YOUR USE OF THE TRANSLATABLE PLATFORM IS AT YOUR OWN RISK. ANY SERVICE AND/OR INFORMATION PROVIDED BY TRANSLATABLE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TRANSLATABLE DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. TRANSLATABLE DOES NOT WARRANT THAT ANY FUNCTION OR CONTENT CONTAINED ON THIS SITE OR ANY SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE TRANSLATABLE PLATFORM, OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TRANSLATABLE DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF ANY SERVICE OR CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. WITHOUT LIMITING THE FOREGOING, TRANSLATABLE DOES NOT WARRANT THAT THE CONTENT DISPLAYED IN CONNECTION WITH THIRD PARTY WEBSITE WILL BE ERROR-FREE, THAT MARKETING CONTENT PROVIDED BY TRANSLATABLE WILL PERFORM OR WILL BE IN COMPLIANCE WITH ANY APPLICABLE LAW. TRANSLATABLE IS NOT RESPONSIBLE FOR THE ADS, ADVERTISER WEBSITES, OR ADVERTISER’S PRODUCTS OR SERVICES. YOU ACKNOWLEDGE THAT THE TRANSLATION SERVICES MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND TRANSLATABLE MAY MAKE CHANGES OR IMPROVEMENTS TO THE TRANSLATABLE PLATFORM AT ANY TIME WITHOUT NOTICE TO YOU. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE TRANSLATABLE PLATFORM, ANY SERVICE, OR ITS CONTENT. TRANSLATABLE MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN ANY CONTENT ON THE TRANSLATABLE PLATFORM. TRANSLATABLE IS NOT RESPONSIBLE FOR ANY CONTENT WHATSOEVER ON ANY TRANSLATED WEBSITES.
13. Limitation of Liability. TRANSLATABLE, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, LOSS OF DATA, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF TRANSLATABLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SUCH DAMAGES WERE REASONABLY FORESEEABLE OR TRANSLATABLE WAS GROSSLY NEGLIGENT. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF TRANSLATABLE AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED $1000.00, IN UNITED STATES CURRENCY.
THE PARTIES ACKNOWLEDGE AND AGREE THAT THIS LIMITATION OF LIABILITY AND THE TERMS CONTAINED IN THIS AGREEMENT REFLECT A REASONABLE AND FAIR ALLOCATION OF RISKS BETWEEN THE PARTIES. YOU AND TRANSLATABLE WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THIS LIMITATION OF LIABILITY. AS SUCH, THIS LIMITATION OF LIABILITY IS AN ESSENTIAL BARGAINED FOR TERM IN THIS AGREEMENT.
of Information. Translatable reserves the right,
and you authorize Translatable, to use and assign all information regarding your
usage of the Translatable Service, and all information provided by you, in any
15. Applicable Law. If there is any dispute about or involving the Translatable Service and/or this Agreement, you agree that any dispute shall be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to any dispute will be subject to arbitration as set forth in Section 16 below. THE PARTIES HEREBY AGREE TO WAIVE THEIR RIGHT TO A JURY TRIAL.
16. Arbitration. THE PARTIES HEREBY AGREE TO WAIVE THEIR RIGHT TO A JURY TRIAL AND AGREE TO SUBMIT ANY DISPUTE(S) THAT MAY ARISE IN RELATION TO THIS AGREEMENT TO BINDING ARBITRATION BEFORE A SINGLE ARBITRATOR. The Parties also agree as stated in Section 17 below, to initiate arbitration procedures within one (1) year of the circumstances that give rise to such claim or cause of action. All arbitration-related hearings shall be conducted in Los Angeles, CA before ADR Services, Inc. The arbitrator shall be from the Southern California area and the arbitrator will be selected by the mutual agreement of the parties. If the parties cannot agree on a single arbitrator, then the arbitrator shall be selected in accordance with the then in effect rules of ADR Services, Inc. Once selected, the Arbitrator shall be empowered to hear and resolve any and all issues related to, arising from, based upon or in any way related to the dispute, whether based in law or equity. The Arbitrator shall issue rulings, decisions, orders, judgments and permanent injunctions as applicable and appropriate. The prevailing party in said arbitration shall be awarded, Attorney’s fees and costs as well of the costs of the arbitrator. If a party files a motion or petition to compel arbitration, then the prevailing party in said motion or petition shall be awarded interim attorney’s fees and costs related to the motion or petition.
A Party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that We do not have a physical address on file for You, by electronic mail (“Notice”). Translatable’ address for Notice is: Attention: Legal, 15445 Ventura Blvd., #318, Sherman Oaks, CA, 91403. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, You or Translatable may commence an arbitration proceeding.
You specifically agree that any claim or cause of action you may have arising out of this Agreement will be brought only in your individual capacity. You agree and acknowledge that you will not be a Party, class member, or representative of any class action proceedings against us. Also, an arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
17. Time Limit to File Claims. Any claim or cause of action relating to or pertaining to this Agreement must be arbitrated as set out in 17 above within one (1) year of the occurrence giving rise to the claim or cause of action. This time limitation applies to all terms and conditions set out in this Agreement. All claims or causes of action not initiated within the time restriction as set forth in this Section 17 are permanently barred.
18. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
19. Waiver. The failure of Translatable to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Translatable must be in writing and signed by an authorized representative of Translatable.
20. Modification and Termination of the Translatable Service. Translatable reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Translatable Service or any Service provided by the Translatable Service (or any part thereof) with or without notice to you. You agree that Translatable will not be liable to you or any third party for any modification, suspension, or discontinuance of the Translatable Service or any Service.
21. Relationship of the Parties. Nothing contained in this Agreement or your use of the Translatable Service shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
23. Contact Information.
15445 Ventura Blvd., #318
Sherman Oaks, CA, 91403