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The BabelBlogs.com services and technology are provided by BabelBlogs.com, LLC ("BabelBlogs.com" or "we"), located at 55 Wanaque Avenue, Pompton Lakes, NJ 07442, United States.
By using our Service, you are agree to these terms. Please read them carefully.
"You" means you as an individual, or if applicable, the company or other legal entity you represent.
"Users" means visitors to this website or the Service who are not registered users. "Customers" means visitors who are also registered users of the Service. "Translators" means third parties who engage with BabelBlogs.com and Customer to provide content translation services as contractors of BabelBlogs.com (not employees). "Service" means all the BabelBlogs.com.com websites, services, apps, and related technology, and the translation services provided in connection with the foregoing. "Orders" means any order for Services created by a Customer, and accepted by BabelBlogs.com via acknowledgement in the Platform or otherwise in writing.
"Client Materials" means the source content for translation by the Service, and any guidelines, glossary and other materials provided by Customer.
"Translated Works" means the content translated from the Client Materials. "Platform" means BabelBlogs.com's online portal and platform where you can access your BabelBlogs.com Account, initiate Orders and access the Service.
"TOS" means these Enterprise Terms of Service and any policies, guidelines, or other documents referenced herein. 2. USING OUR SERVICES If You are entering into this TOS on behalf of a company or other legal entity, You represent that You have the legal authority to bind the legal entity to this TOS, in which case "You" or "Your" means that entity. If You do not have this authority, or if You do not agree with the terms and conditions of this TOS, and You may not use the Service or any Service related materials. You represent that you are 18 years of age, or of the age of majority in your place of residence or jurisdiction.
You agree to:
Be responsible for the activity that happens in connection with your BabelBlogs.com account Keep your password confidential
Comply with any policies made available to you by BabelBlogs.com Not abuse or conduct illegal activity using our Service
Not contact Translators outside of the Platform that BabelBlogs.com provides for communication Not defame or harass BabelBlogs.com, or its employees, contractors, or Translators BabelBlogs.com may suspend or terminate your access to the Service or an Order if you do not comply with this TOS or if we suspect misconduct, fraudulent activities or payment, or a violation of this TOS, with or without notice.
BabelBlogs.com may modify or suspend the Platform or Service, at any time for any reason.
Account and Credits. Before initiating an Order, You must first register as a Customer and create a BabelBlogs.com account. You agree to keep all account information updated and accurate at all times. You may not create multiple user accounts for any reason. Payment.BabelBlogs.com will invoice Customer, and Customer will pay BabelBlogs.com per the Order, plus any transaction fees (e.g. currency exchange or wire transfer fees). BabelBlogs.com will apply gross-up calculation to the payment. This means that the payment to BabelBlogs.com must be made in cleared funds, without any deduction or set-off and free and clear of and without deduction for or on account of any taxes, levies, imports, duties, charges, fees and withholdings of any nature now or hereafter imposed by any governmental, fiscal or other authority save as required by law. If you are compelled to make any such deduction, you will pay BabelBlogs.com any additional amounts as are necessary to ensure receipt by BabelBlogs.com of the full amount it would have received but for the deduction. If Customer fails to pay any amounts within 30 days after the invoice date, Customer will be deemed in breach and BabelBlogs.com may terminate this TOS and suspend the Services for nonpayment without notice. BabelBlogs.com may use any lawful means to collect any unpaid amounts. Customer is responsible for any fees, including attorneys' and collection fees, incurred by BabelBlogs.com in collecting any such delinquent amounts.
BabelBlogs.com may assess an additional 1.5% late charge (or the highest amount allowed by law, whichever is lower) per month from the payment due date until paid in full. Order. Customer can order Services under an Order that is signed by both parties and references this TOS. Each Order will be made part of this TOS.
Client Materials. Customer is responsible for providing the Client Materials to be translated, materials describing the context of the translation, and all other necessary materials (glossary guide, etc.) when placing the Order. BabelBlogs.com may make recommendations on which source materials and in what format to provide source materials, but ultimately the quality of the results will depend on the clarity, accuracy, and comprehensiveness of the Customer's source materials and instructions provided. Cancellations. Each Order starts on the Order Effective Date and continues until cancelled. Client may cancel any Order with five business days prior notice. Client remains liable for any work completed through the effective date of cancellation.
Translated Works. BabelBlogs.com cannot guarantee that a particular Translator or that any Translator will engage on your Order. If the Order is by a Translator, BabelBlogs.com will return the Translated Works to Client according to the quality level specified in the Order. BabelBlogs.com gives an estimated time for Service completion, but cannot guarantee an exact delivery time. We will email you when the Translated Works are ready for your review. Approval or Rejection. Upon BabelBlogs.com's notification of delivery of the Translated Works, Customer will have 72 hours to review the Translated Works. Customer may approve the Translated Works via the Platform or as otherwise agreed to in the Order. If Customer does not respond within the 72 hour review period, the Translated Works will be deemed "Approved". Alternatively, Customer may reject the Translated Works within the 72 hour review period if it reasonably determines that it does not meet the Quality Level that was ordered. We will typically get back to you within one business day.
Correcting Errors. Due to the nature of language translation, errors in translations will inevitably occur. But if BabelBlogs.com determines that the Translated Works did not meet the quality level specified in the Order, then BabelBlogs.com will correct and resubmit the Translated Works within a reasonable time frame. BabelBlogs.com's liability will be limited to correcting such errors.
Disclaimer. You agree to review any Translated Works before making such content public, and you expressly agree that BabelBlogs.com will not have any liability or indemnity obligations to you based on the Translated Works if you fail to do so.
4. TRANSLATORS; CONTRACTORS.
BabelBlogs.com may use and retain third party contractors (such as Translators) to provide the Service to you. As such, you agree that BabelBlogs.com may sublicense its rights under this TOS to third parties to act on BabelBlogs.com's behalf, provided that such third parties are contractually bound by terms no less protective of Customer than this TOS. BabelBlogs.com is solely responsible for paying and resolving all disputes with third party contractors and Translators.
5. CLIENT MATERIALS DISCLOSURE
We disclose the Client Materials to potential Translators and contractors, for the sole purpose of allowing him/her to preview the content in order to decide whether to engage the Order. You are solely responsible for editing or removing any confidential or personally identifiable information the Client Materials if you do not wish to disclose that information.
6. INTELLECTUAL PROPERTY
All intellectual property rights in the Translated Works will be assigned to Customer upon Customer's Approval of the Translated Works and Your compliance with this TOS. The trademarks, names, logos and service marks (collectively "Trademarks") such as "BabelBlogs.com" are trademarks of BabelBlogs.com. Nothing contained in this TOS shall be construed as granting any license or right to use any Trademark without BabelBlogs.com's prior written permission. The content on the Service is protected by intellectual property laws and may not be copied, distributed, modified, published, or transmitted in any manner. Third party content and trademarks displayed on the Service are owned by their respective owners and may not be reproduced in whole, or in part, without the express written permission of the owner.
If you opt in to allow BabelBlogs.com to use your Translated Works as "public examples," you grant BabelBlogs.com a worldwide, perpetual, royalty-free, irrevocable, license to publish and display your Client Materials and related Translated Works in connection with operating, promoting, and improving our Services. This license continues even if you stop using our Services.
If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.
In order to provide you and our other customers the best possible translation and language services, we (and those we work with) may use your Translated Works, as aggregated with other customer works, to generally improve the Services (for example, fine tune our turn around time estimates, or improve machine translation and machine learning systems). If we do this, we never disclose your identity or confidential information, nor make your Translated Works publicly available.
7. ABOUT APIS AND SOFTWARE IN OUR SERVICE
The Service may include APIs or software ("BabelBlogs.com Materials") to facilitate your use of the Service and is deemed a part of the Service. If you choose to use such BabelBlogs.com Materials, BabelBlogs.com grants you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the BabelBlogs.com Materials for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by BabelBlogs.com, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Service or BabelBlogs.com Materials, nor may you reverse engineer or attempt to extract the source code of the Service or BabelBlogs.com Materials. BabelBlogs.com does not guarantee the availability or performance of the BabelBlogs.com Materials. Your access or use may be limited or suspended at any time.
8. WARRANTIES AND DISCLAIMERS
Customer represents and warrants that it has all necessary right, title, and interest in the Client Materials, and that the Client Materials will not and do not infringe or violate any third party's rights, do not violate any law, and do not contain any offensive or unacceptable content.
The Service and Translated Works are provided "AS IS". OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER BABELBLOGS.COM NOR ITS TRANSLATORS, CONTRACTORS, OR SUPPLIERS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. WE DON'T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES "AS IS". SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
Customer will indemnify and hold harmless BabelBlogs.com, its affiliates, current and past directors, officers, and employees from and against any and all claims, taxes, losses, damages, liabilities, judgments, settlements, costs and expenses, including attorneys' fees and other legal expenses, arising directly or indirectly from or in connection with: (1) Customer's breach of any of its representations, warranties or obligations under this TOS; (2) Customer's negligent, reckless or intentionally wrongful act or by its assistants, employees, contractors or agents; (3) Customer's failure to perform its obligations or exercise its rights in accordance with all applicable laws, rules and regulations.
10. LIMITATION OF LIABILITY
IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS OR LOSS OF BUSINESS, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY OF LIABILITY, REGARDLESS OF WHETHER EITHER PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT WILL BABELBLOGS.COM'S LIABILITY HEREUNDER EXCEED THE AMOUNT PAID BY THE CUSTOMER TO BABELBLOGS.COM DURING THE 12 MONTH PERIOD BEFORE THE EVENT GIVING RISE TO LIABILITY.
This Agreement is governed by the laws of the State of New Jersey, USA. Any claims or disputes shall be resolved in the state or federal courts located in Passaic County, New Jersey, USA.
BabelBlogs.com may modify this TOS at any time. You should look at the terms regularly. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
If there is a conflict between the terms in this TOS and an Order, the Order will control for that conflict.
This TOS controls the relationship between BabelBlogs.com and you. They do not create any third party beneficiary rights.
If you do not comply with this TOS, and we don't take action right away, this doesn't mean that we are giving up any rights that we may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms.