Terms & Conditions
Translation Cloud.com ("Translation Cloud") is an application that allows its Members to undertake translation jobs online. The services offered by Translation Cloud include any features offered from time to time by Translation Cloud in connection with Translation Cloud's business ("Services").
By using Translation Cloud, you ("User") agree to be bound by this Agreement, whether you are a visitor browsing the Translation Cloud application or a member registered with Translation Cloud. You are only authorized to use the Translation Cloud Services if you agree to abide by this Agreement during the registration process. Feel free to leave Translation Cloud if you disagree. Translation Cloud may modify this Agreement from time to time. Your continued use of the Translation Cloud after Translation Cloud revised Agreement signifies your acceptance of the revised Agreement.
- Eligibility. You represent and warrant that all registration information is truthful and accurate. You must be 18 years or older to use the application. If you do not comply with these terms, Translation Cloud has the unconditional right to refuse, terminate or suspend your access to or cancel membership with Translation Cloud at any time.
- Account Security. You are entirely responsible for maintaining the confidentiality of your password, as well as for any and all use of your account.
- Termination. This Agreement and any revision shall remain in full force while you use the application or are a Member of Translation Cloud. You may terminate your Membership at any time here. However, your membership at Translation Cloud is decided according to our sole discretion. Translation Cloud may restrict any IP address, email address, and terminate your Membership at any time, for any or no reason, with or without prior notice, and without liability. Services are provided in a unidirectional way from Translation Cloud to Members. Translation Cloud reserves the right to delete any content regarded as inappropriate.
- Charges and Payment. Translation Cloud reserves the right to charge for any Translation Cloud Services and to change its fees, rates, payment policies, and payment terms from time to time in its discretion.
- Intellectual Property Rights (IPR). Translation Cloud respects the intellectual property of others, and requires our users to do the same. You may not use any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any party. Translation Cloud has the right to terminate the Membership of infringers.
- Only registered translators will be allowed to view and work on the issued job.
- Translation Cloud does not own rights in the documents ("User Content") that you publish, input or upload. By publishing, inputting or uploading any User Content, you grant Translation Cloud a limited license to use such User Content. Translation Cloud performs technical functions necessary to offer the Translation Cloud Services, including but not limited to storing, transcoding, reformatting, analyzing, or indexing Content.
- Content created by Translation Cloud ("Translation Cloud Content") is protected by copyright, trademark, patent, trade secret and other laws, and Translation Cloud owns and retains all rights to the Translation Cloud Content.
- Process. The total price for a job is calculated based on the rate and unique word count and then escrowed by Translation Cloud application.
- Taxes. You are responsible to determine any and all taxes and duties, including without limitation, sales, use, transfer, value added, withholding and other taxes and/or duties assessed, incurred or required to be collected, paid or withheld for any reason in connection with any translation for, or performance of Services, or your use of the Application, or otherwise in connection with any action, inaction or omission of you or any of affiliate of yours, or any of your or their respective employees, agents, contractors or representatives and to collect, withhold, report, and remit correct taxes to the appropriate tax authority, and to otherwise be responsible for the collection and payment of any and all Taxes. TRANSLATION CLOUD AND ITS AFFILIATES ARE NOT OBLIGATED TO DETERMINE WHETHER TAXES APPLY AND ARE NOT RESPONSIBLE TO COLLECT, REPORT, OR REMIT ANY TAXES ARISING FROM ANY TRANSACTION.
- Third Party Fees. Your access to Translation Cloud may involve third party fees regarding service, software and/or hardware, such as Internet service provider, airtime charges, or equipment. You are solely responsible for these fees.
- Dispute between Users. You are solely responsible for your interactions with other Translation Cloud Members. Translation Cloud has no obligation to involve itself in any way with disputes between you and other Members.
- Prohibitions. Translation Cloud prohibits below contents and behaviors: (a) Content that involves commercial activities or sales without prior written consent from Translation Cloud; (b) Content that poses or creates a privacy or security risk to any person; (c) Content that includes a photo of another person that you have posted without that person's consent; (d) Content that is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (e) Content that exploits people in a sexual or violent manner; (f) Content that solicits personal information from anyone under 18; (g) Content that contains restricted or password only access pages or hidden pages or images; (h) Content that harasses or advocates harassment of another person; (i) Content that constitutes or promotes an illegal or unauthorized use of copyrighted work; (j) Content that solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; (k) Content that constitutes or promotes information that you know is false or misleading; (l) Content that contains nudity, excessive violence, or offensive subject matter or contains a link to an adult application; (m) Content that involves "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming"; (n) Content that furthers or promotes any criminal activity or provides instructional information about illegal activities; (o) Content that violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person. (p) Criminal activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending viruses or harmful files, copyright infringement, patent infringement, or theft of trade secrets; (q) Activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware; (r) Circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Translation Cloud Services; (s) Covering or obscuring the banner advertisements on your personal profile page, or any Translation Cloud page; (t) Selling or otherwise transferring your profile; (u) Any automated use of the system; (v) Displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of Translation Cloud; (w) Using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account; (x) Interfering with, disrupting, or creating an undue burden on Translation Cloud or the networks or services connected to Translation Cloud; and (y) Harassing, abusing, harming, impersonating or attempting to do the same to another Member, person or entity.
- Disclaimers. Translation Cloud is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted on Translation Cloud, whether caused by Users of the Translation Cloud or by any of the equipment or programming associated with or utilized in the Translation Cloud and such User Content does not necessarily reflect the opinions or policies of Translation Cloud. Posts by Members on the Translation Cloud application may contain links to other applications. Translation Cloud is not responsible for the content, accuracy or opinions expressed on such applications, and such applications are not necessarily investigated, monitored or checked for accuracy or completeness by Translation Cloud. Inclusion of any linked application on Translation Cloud does not imply approval or endorsement of the linked application by Translation Cloud. When you access third party applications, you are at your own risk. Translation Cloud takes no responsibility for third party advertisements that are posted on Translation Cloud, nor does it take any responsibility for the goods or services provided by its advertisers. Translation Cloud is not responsible for the conduct, whether online or offline, of any User of the Translation Cloud. Translation Cloud assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication. Translation Cloud is not responsible for any problems or technical malfunction of any network, lines, computer online systems, servers, providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on Translation Cloud or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation in connection with the Translation Cloud. Under no circumstances shall Translation Cloud be responsible for any loss or damage, including personal injury or death, resulting from use of Translation Cloud, from any User Content posted on Translation Cloud, or from the conduct of any Users, whether online or offline. The Translation Cloud Services are provided "AS-IS" and as available and Translation Cloud expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Translation Cloud cannot guarantee and does not promise any specific results from use of Translation Cloud.
- Limitation on Liability. IN NO EVENT SHALL TRANSLATION CLOUD BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF TRANSLATION CLOUD, EVEN IF TRANSLATION CLOUD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TRANSLATION CLOUD'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO TRANSLATION CLOUD FOR OUR SERVICES DURING THE TERM OF MEMBERSHIP. SERVICES FEES ARE THOSE FEES OF USING TRANSLATION CLOUD APPLICATION AND ITS FUNCTIONALITIES. AMOUNT PAID TO TRANSLATORS VIA TRANSLATION CLOUD ARE NOT CONSIDERED AS THE SERVICES FEES PAID TO TRANSLATION CLOUD.
- Disputes Settlement. The Agreement shall be governed by the laws of THE UNITES STATES OF AMERICA, without regard to its conflict of law provisions. You and Translation Cloud agree to submit to the exclusive jurisdiction of the courts in THE UNITES STATES OF AMERICA to resolve any dispute arising out of the Agreement. EACH PARTY HEREBY WAIVES ANY RIGHT TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR NOT, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH PARTY ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
- Indemnity. You agree to indemnify and hold Translation Cloud harmless from any loss, liability, claim, or demand, including reasonable attorney fees, made by any third party due to or arising out of your use of Translation Cloud in violation of this Agreement or arising from a breach of this Agreement or any breach of your representations and warranties set forth in this Agreement or if any Content that you post on Translation Cloud causes Translation Cloud to be liable to another party.
- Force Majeure. This Application is and shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond Translation Cloud's control, including but not limited to: (a) natural disasters, such as fire, flood, earthquakes, hurricanes, tropical storms; (b) war, riot, arson, embargoes, acts of civil or military authority, or terrorism; (c) strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; (d) failure of the telecommunications or information services infrastructure; (e) hacking, spam, or any failure of a computer, server or software; (f) fiber cuts; and (g) public health events, such as H1N1 flu.
- Notice. Any notice required to be given under the TAC will be provided by e-mail to the e-mail address that users provided during registration. Notices by users to Translation Cloud shall be given by e-mail. Any correctly addressed notice to you that is refused, unclaimed, or undeliverable, because of an act or omission of you shall be deemed effective as of the first date that said notice was refused or deemed undeliverable by the e-mail server.
- Headings. The headings to the sections of the TAC are used for convenience only and shall have no substantive meaning or impact on the interpretation of the TAC.
- Miscellaneous. This Agreement is accepted upon your use of the Translation Cloud application. This Agreement constitutes the entire agreement between you and Translation Cloud. The failure of Translation Cloud to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.