User Agreement


Introduction

This User Agreement and Privacy Policy governs the Translation Commons website, and/or other service offered by Translation Commons, regardless of how distributed, transmitted, published. It is binding on all those who access, visit and/or use Translation Commons services provided on the site, whether acting as an individual or on behalf of an entity, including you and all persons, entities, or digital engines of any kind that harvest, crawl, index, scrape, spider, or mine digital content by an automated or manual process or otherwise (collectively, “you” or “your”).

Please read this User Agreement and Privacy Policy carefully. You can access this User Agreement and Privacy Policy any time in the footer of the Translation Commons’ home page or initial screen. Your access, visitation and/or use of Translation Commons, including without limitation any registration on any aspect of the Translation Commons, will constitute your agreement to this User Agreement and Privacy Policy. If you do not agree with the terms and conditions of this User Agreement and Privacy Policy, you may not access, visit and/or use this site.

The User Agreement and Privacy Policy may be modified from time to time. Continued access to Translation Commons by you will constitute your acceptance of any changes or revisions to the User Agreement and Privacy Policy.

If you breach, violate, fail to follow, or act inconsistently with the rules, restrictions, limitations, terms and/or conditions that Translation Commons, whether listed in this User Agreement and Privacy Policy, posted at various points in the site, or otherwise communicated to users of Translation Commons (collectively, the “Agreement”), we may terminate, discontinue, suspend, and/or restrict your account/profile, your ability to access, visit, and/or use Translation Commons or any portion thereof, and/or the Agreement, including without limitation any of our purported obligations hereunder, with or without notice, in addition to our other remedies. In addition, we may curtail, restrict, or refuse to provide you with any future access, visitation, and/or use of Translation Commons. We reserve the right, in addition to our other remedies, to take any technical, legal, and/or other action(s) that we deem necessary and/or appropriate, with or without notice, to prevent violations and enforce the Agreement and remediate any purported violations. You acknowledge and agree that we have the right hereunder to an injunction without posting a bond to stop or prevent a breach or violation of your obligations under the Agreement.

In the event of any conflict or inconsistency between the terms and conditions of this User Agreement and Privacy Policy, and any rules, restrictions, limitations, terms and/or conditions that may be posted at various points in Translation Commons or otherwise communicated to users of the site, we shall determine which rules, restrictions, limitations, terms and/or conditions shall control and prevail in our sole discretion, and you specifically waive any right to challenge or dispute such determination.

Among other things, the Agreement governs all text, articles, photographs, images, graphics, illustrations, creative, copy, artwork, video, audio, music, podcasts, ringtones, games, trademarks, trade names, service marks, and other brand identifiers, designs, plans, software, source and object code, algorithms, data, statistics, analysis, formulas, indexes, registries, repositories, and all other content, information, and materials (collectively, “Content”) available on or through Translation Commons, whether posted, uploaded, transmitted, sent or otherwise made available by us, our members, partners, licensors, vendors, and/or service providers, or by you, and/or other users or third parties, including any such Content uploaded manually or bookmarked by you and/or other users.

Registration and Account Profile Creation

We may at times require that you register and/or set up an account/profile to access, visit and/or use certain portions of the Translation Commons, or the Translation Commons as a whole, in which case you may be provided, or required to choose, a password and/or User ID, and you may provide personal data such as your name, telephone number(s), email and/or street address, and other personally identifiable information. Other information such as your age, gender, an avatar, and the number for your mobile or other device may also be requested. In addition, you may be asked to send us similar information via messaging (e.g., email, SMS, MMS, or other technologies). All such information shall be referred to in the Agreement as your “Registration Information”. We may use and share your Registration Information as described in our Privacy Policy.

You agree, represent, warrant, and guarantee that all Registration Information provided by you is true, accurate, complete, up-to-date, and solely yours. You may not impersonate, imitate or pretend to be somebody else when registering and/or setting up an account/profile on the Translation Commons. If any of your Registration Information changes, you must update it promptly by using the mechanism or contact information on Translation Commons that allows you to change or update your Registration Information, if available. If no such mechanism or contact information is available on Translation Commons , please notify us through the “contact us” button.

WE AND OUR INDEMNITEES (AS DEFINED BELOW), SHALL HAVE NO LIABILITY ASSOCIATED WITH OR ARISING FROM YOUR FAILURE TO MAINTAIN ACCURATE, COMPLETE OR UP-TO-DATE REGISTRATION INFORMATION, INCLUDING WITHOUT LIMITATION YOUR FAILURE TO RECEIVE CRITICAL INFORMATION. NEITHER WE NOR OUR INDEMNITEES SHALL BE RESPONSIBLE FOR VERIFYING YOUR REGISTRATION INFORMATION.

We reserve the right at any time, with or without notice, to remove or require a change to or repossess any password and/or User ID that has been provided to you, any avatar you may be using or other Registration Information, or otherwise change the access means or methods for portions of Translation Commons , as a whole, or certain products and/or services.

You will be solely responsible for maintaining the confidentiality of your Registration Information. You may not authorize or permit anyone else to access and/or use your Registration Information, or access, visit and/or use Translation Commons by use of your account/profile and/or Registration Information. You may not access and/or use anyone else’s Registration Information, or access, visit and/or use Translation Commons by use of anyone else’s account/profile and/or Registration Information. You may not sub-license, transfer, sell, rent or assign your Registration Information to any third party without our written approval. Any attempt to do so will be null and void and shall be considered a material breach of the Agreement.

You are solely responsible for all access or visitation to, usage of, or activity on, your account/profile including, but not limited to, use of the account/profile by any person who uses your Registration Information, with or without authorization, or who has access to any computer, mobile or other device on which your account/profile resides or is accessible. You acknowledge and agree that we may, and you specifically authorize us to, process all transactions, including without limitation Content, that are initiated by use of your Registration Information.

If you have reason to believe that your account/profile is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your Registration Information), you must immediately change the affected Registration Information by using the mechanism or contact information on Translation Commons, if available, and/or close the account/profile. If no such mechanism or contact information is available on Translation Commons, please immediately notify us.

Use of Translation Commons by You

Translation Commons is not intended for users under the age of 13, and we do not knowingly collect personally identifiable information from users under the age of 13. Such users are expressly prohibited from registering for Translation Commons or submitting their personally identifiable information to us, and from using portions of Translation Commons for which registration is required.

You shall ensure that all equipment, hardware, software, products and/or services you use to access, visit, or use Translation Commons does not disturb or interfere with our operation of Translation Commons, or impede or interfere with others’ access, visitation and/or use of the site. We reserve the right, in addition to our other remedies, with or without notice, to immediately disconnect from Translation Commons any equipment, hardware, software, product and/or services causing interference with us, our members, partners, licensors, vendors, service providers, Translation Commons or any Content.

If you provide to us the number for a mobile or other device, or we obtain the device identifier for a device you are using, you agree, represent, warrant, and guarantee that such device is registered in your name and owned by you, or that you have permission of the device owner(s).

Unless otherwise specified, Translation Commons is intended for your personal use only. You are solely responsible for all usage of, or activities on, Translation Commons by you and by those you authorize or allow to use, or provide access to, Translation Commons, for example, by authorizing or allowing access to your account/profile or any computer, mobile or other device on which the site resides or is accessible.

You acknowledge that we have not reviewed and do not necessarily endorse the Content of sites, applications, destinations or services linked to or accessible from this site and are not responsible for the Content or actions of any other sites, applications, destinations or services. Your linking to or accessing any other site, application, destination or service is at your sole risk.

You must comply with all local, state, federal, provincial, national, international, and foreign laws, rules, and regulations in accessing and using Translation Commons, and will immediately notify us if you learn of or suspect a security breach or any illegal activity in connection with Translation Commons. You must comply with all applicable import and export control laws, rules, and regulations of the United States and other countries, and you must not transfer, by electronic transmission or otherwise, any Content subject to restrictions under such laws, rules, or regulations to a site, application, destination, location, person or entity, or for an end use, prohibited thereby. You will not post, upload, transmit, send or otherwise make available any Content on or through Translation Commons that cannot be exported without prior government authorization or notification, including without limitation certain types of encryption software.

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.

Content that is provided by us, our members, partners, licensors, vendors and/or service providers, including without limitation photos, images, text, music, audio, videos, podcasts, trademarks, trade names, service marks and other brand identifiers, the organization, design, compilation, and “look and feel” of Translation Commons, and all advertising thereon, is protected by local, state, federal, provincial, national, international, and foreign copyright, trademark and other intellectual property laws, rules, and regulations, and is the property of us or our members, partners, licensors, vendors and/or service providers.

Certain Content may be made available to you on or through Translation Commons for download, installation, and/or streaming on your computer, mobile or other device, and via Real Simple Syndication (RSS), such as photos, images, text, music, audio, videos, podcasts, ringtones, games, graphics, or software. Such Content is subject to the same terms, conditions, limitations and restrictions applicable to all Content provided by us, our members, partners, licensors, vendors and/or service providers. You must, in addition to all of your other obligations, use such Content only to the extent expressly authorized for the particular Content, and you may not use such Content in a manner that exceeds such authorization.

Prohibitions of Use of Translation Commons

Absent explicit prior written consent in certain situations, you may not, nor may you allow, enable, authorize, instruct, encourage, assist, suggest, inform, or promote that others, directly or indirectly, do any of the following for any reason:

access and/or use anyone else’s Registration Information, or access, visit and/or use Translation Commons by use of anyone else’s account/profile and/or Registration Information;

make any commercial, advertising, promotional, or marketing use of Translation Commons and/or Content, including without limitation the photos, images, text, music, audio, videos, podcasts, trademarks, trade names, service marks and other brand identifiers of us, our members, partners, licensors, vendors, and/or service providers obtained on or through Translation Commons, except as permitted by the Copyright Act or other law or as expressly permitted in writing by the Agreement, us or Translation Commons; impersonate, imitate or pretend to be somebody else, by setting up different accounts/profiles or otherwise, or falsely state, represent, or imply any affiliation, association, or connection with a person or entity when using Translation Commons;

authorize or permit anyone else to access and/or use your Registration Information, or access, visit and/or use Translation Commons by use of your account/profile and/or Registration Information; falsely state, represent, or imply any affiliation, association, or connection between any person or entity, including without limitation you, your company, or your site, application, destination or service, with Translation Commons, us, or our members, partners, licensors, vendors and/or service providers;

post, upload, transmit, send or otherwise make available on or through Translation Commons any Content that constitutes junk mail, spam, pyramid schemes, chain letters, phishing, advertising, and/or commercial offers, including without limitation touting or recommending any stocks or particular security, portfolio of securities, transaction or investment strategy;

repeatedly post, upload, transmit, send or otherwise make available on or through Translation Commons the same Content multiple times in a day, week, or month;

post, upload, transmit, send, or otherwise make available on or through Translation Commons any unsolicited bulk communication;

use any bots, cheats, macros, scripts, or run Maillist, Listserv or any form of auto-responder, or use any other automated process, or engage in meta-searching or periodic caching of information, to access, visit and/or use Translation Commons, including without limitation to post, upload, transmit, send, or other make available Content on or through Translation Commons;

copy, harvest, crawl, index, scrape, spider, mine, gather, extract, compile, obtain, aggregate, capture, or store any Content, including without limitation photos, images, text, music, audio, videos, podcasts, data, software, source or object code, algorithms, statistics, analysis, formulas, indexes, registries, repositories, or any other information available on or through Translation Commons, including by an automated or manual process or otherwise, if we have taken steps to forbid, prohibit, or prevent you from doing so;

engage in personal attacks, use any language that is, or post, upload, transmit, send or otherwise make available on or through Translation Commons any Content about an individual that is, abusive, intimidating, bullying, harassing, hateful, violent, or that victimizes, degrades, defiles or disparages an individual, on or through Translation Commons;

use any language that is, or post, upload, transmit, send or otherwise make available on or through Translation Commons any Content about a group that is, hateful, violent, or that victimizes, degrades, defiles or disparages any group based on race, gender, religion, national origin, disability, sexual orientation, or age, or otherwise engage in what we deem to be racism, sexism, ageism, religious intolerance, bigotry, ethnic slurs, or homophobia;

use any language, or post, upload, transmit, send or otherwise make available on or through Translation Commons any Content that may or is intended to enable, authorize, instruct, encourage, assist, suggest, or promote activities that incite violence, constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, federal, provincial, national, international, or foreign law, rule or regulation (e.g., drug use, underage drinking), including without limitation defamation, child pornography, fraud, or invasion of privacy;

stalk others on or through Translation Commons, or using information obtained on or through Translation Commons, or otherwise contact other users in the physical world without their permission using information obtained on or through Translation Commons; use any language that is, or post, upload, transmit, send or otherwise make available on or through Translation Commons any Content that is, or depicts anyone engaged in any act deemed by us to be, pornographic, obscene, sexually explicit, perverse, illicit, indecent, lewd, or lascivious;

engage in “cyber-sex” (i.e., “virtual sex”) or “sexting” or solicit another to participate in “cyber-sex” or “sexting” on or through Translation Commons; use any language, or post, upload, transmit, send or otherwise make available on or through Translation Commons any Content that we deem to be offensive, immoral, vulgar, crude, harmful, violent, deceptive, or otherwise inappropriate;

post, upload, transmit, send or otherwise make available on or through Translation Commons any Content that you are bound to not disclose, by agreement, contract, fiduciary duty, employment relationship, or otherwise, such as insider information, proprietary and/or confidential information, or trade secrets;

provide professional advice or post, upload, transmit, send or otherwise make available on or through Translation Commons any Content intended to provide professional advice about medical, health, legal, tax, financial, or investment issues, or to solicit, recommend, or endorse any securities or financial instruments, or suggest that a particular transaction or investment strategy is suitable for you or any specific person;

discuss the mechanics of sweepstakes, contests, auctions, flash sales or similar promotions available on or through Translation Commons, or attempt to manipulate, corrupt or otherwise affect the outcome of, any such promotions, or post, upload, transmit, send, or otherwise make available on or through Translation Commons any Content that may or is intended to enable, authorize, instruct, encourage, assist, suggest, inform, or promote activities that may subvert or not comply with the rules, restrictions, and/or limitations applicable to such promotions;

post, upload, transmit, send, or otherwise make available on or through Translation Commons any Content that illustrates, depicts anyone engaged in, or is intended to enable, authorize, encourage, assist, suggest, inform, promote or give instructions for weapon and/or explosive manufacture or use;

post, upload, transmit, send or otherwise make available on or through Translation Commons any Content that infringes, violates, or breaches the copyright, trademark, trade secret or any other personal or proprietary right of us, our members, partners, licensors, vendors, service providers, other users, and/or any third party;

copy, reproduce, modify, change, edit, crop, alter, revise, adapt, translate, enhance, reformat, remix, rearrange, resize, create derivative works of, move, remove, delete, or erase any copyright, trademark, or other proprietary legends, symbols, marks, or notices on Translation Commons, or attempt to circumvent any mechanisms for preventing the unauthorized reproduction or distribution of Content;

copy, reproduce, modify, change, edit, crop, alter, revise, adapt, translate, enhance, reformat, remix, rearrange, resize, create derivative works of, move, remove, delete, erase, reverse engineer, decipher, decompile, disassemble, store, cache, aggregate, publish, post, display, distribute, broadcast, perform, transmit, rent, sell, share, sublicense, syndicate, or otherwise provide to others, or use any Content obtained on or through Translation Commons, in whole or in part, except as permitted by the Copyright Act or other law or as expressly permitted in writing by the Agreement, us or the site;

copy, reproduce, modify, change, edit, crop, alter, revise, adapt, translate, enhance, reformat, remix, rearrange, resize, create derivative works of, move, remove, delete, erase, reverse engineer, decipher, decompile, disassemble, or otherwise attempt to derive any source code or underlying ideas or algorithms of Translation Commons, in whole or in part, including without limitation any Content, communications, messaging, programming, hardware, functionality, or features on our networks, servers or databases, or otherwise reduce Translation Commons, in whole or in part, to a human perceivable form;

access, other than connecting to our servers by http requests using a browser, or disrupt, overwhelm, attack, hack, destroy, damage, disable, impair, repossess, alter, tamper or interfere with, Translation Commons including without limitation any Content, communications, messaging, programming, hardware, functionality, or features on our networks, servers or databases, or impede or interfere with others’ access, visitation, and/or use of Translation Commons, in any way or by any means, whether remotely or by access to our personal property, premises, or otherwise, including, without limitation, by using administrator passwords or by masquerading as an administrator while using Translation Commons or otherwise; or post, upload, transmit, send or otherwise make available on or through Translation Commons any software disabling devices, time bombs, Trojan horses, cancelbots, viruses, worms, bugs, corrupted files, spyware, adware, malware, malicious programs or code, or devices or defects of similar nature.

CAUTION: ANY ATTEMPT TO DO ANY OF THE FOREGOING PROHIBITED ACTS, OR TO OTHERWISE UNDERMINE THE OPERATION OF TRANSLATION COMMONS, MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, WE RESERVE THE RIGHT, IN ADDITION TO OUR OTHER REMEDIES, TO SEEK DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL OR ENTITY TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.

Comments on Translation Commons are Not Necessarily Endorsed by Us

We do not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted, uploaded, transmitted, sent or otherwise made available on or through Translation Commons, including without limitation in our social, community and public discussion areas, photo and video galleries, bulletin boards, forums, chats, blogs, columns, articles, personal/job search and other classified ads, contests/sweepstakes, or elsewhere. Any Content posted, uploaded, transmitted, sent or otherwise made available on or through Translation Commons, including advice and opinions, are the views and responsibility of those who post the Content and do not necessarily represent our views or the views of our members, partners, licensors, vendors, and/or service providers. You agree that we and our members, partners, licensors, vendors, and/or service providers are not responsible, and shall have no liability to you, with respect to any Content posted, uploaded, transmitted, sent or otherwise made available on Translation Commons, including Content that violates the Agreement.

Content Supplied by You

To learn about our use of information about you and your computer, mobile or other device that may be collected in connection with your access, visitation and/or use of Translation Commons, please see our Privacy Policy.

Except as expressly provided otherwise in the Agreement, you or the owner of any Content you post, upload, transmit, send or otherwise make available on or through Translation Commons retains ownership of all rights, title, and interests in such Content.

Content authored by Translation Commons is generally made available for public sharing and reuse through open licenses such as Creative Commons.  In most cases we ask contributors to release Content under open licenses.

Some Content in our Communications is acquired from sources that prohibit further use of their Content without advance permission.  You agree to abide by such notices.  Note the following specifics:

some Content expressly indicates that the author does not intend for an open license to apply. You should contact the author or author’s agent for permission to use such Content;

some Content contains trademarks, trade dress, logos and brand assets of Translation Commons and other parties (“Trademarks”).  Except for a few limited circumstances, Trademarks cannot be used without advance written permission of the owner of the Trademark.

For Content contributions to Translation Commons or partners open source projects:

you agree to license your contribution under the terms of the corresponding license of the particular open source project to which you are contributing.

For all other Content contributions, you agree to the following in connection with each:

you hereby grant us a nonexclusive, royalty-free, worldwide, sublicensable (to those we work with) license to use your Content contribution in connection with the Communications and online and offline promotion of Translation Common’s mission, products and services;

you acknowledge that your Content contributions may be accessible by other registered users of the applicable service or the public;

if your Content contribution contains expressive material or software code, you agree to license it in a manner that is compatible with the particular project you are making a Content contribution to;

you represent and warrant that you have the rights necessary to grant the rights granted herein, and further, that the uses contemplated under these Terms will not infringe the proprietary or intellectual property rights of any third party;

you understand and agree that Translation Commons reserves the right, at its discretion, to review, modify, or remove any Content contribution that it deems is objectionable or in violation of these Terms.

Please be aware that Content you disclose in publicly accessible portions of Translation Commons may be available to other users, so you should be mindful of personally identifiable information and sensitive Content you may wish to post. WE ARE NOT RESPONSIBLE FOR THE CONSEQUENCES OF CONTENT OR PERSONALLY IDENTIFIABLE INFORMATION YOU POST, UPLOAD, TRANSMIT, SEND OR OTHERWISE MAKE AVAILABLE ON TRANSLATION COMMONS.