Updated to 13 December 2020
Languages World Scope & Parts Universal Terms of Service Agreement 1.1. Languages World is a platform created to mediate between customers and Languages World translators to provide translation services. These Terms and Conditions of Use (the “Agreement”) set forth the terms and conditions of use / access / use of the content / services provided.
Languages World Universal Service Terms Agreement
SCOPE AND PARTS
1.1. Languages World is a platform created to mediate between customers and Languages World translators to provide translation services. These Terms and Conditions of Use (the “Agreement”) set forth the terms and conditions of use / access / use of the content / services provided through the Languages World Platform (especially, the translation services provided by Translator to Languages World’s Customers through the platform).
1.2. The party to the Agreement is Languages World, whose registered office is located in Office 19-10, 19th Floor, Century Tower Building, Tumba Muerto on Ricardo J. Alfaro Avenue, Panama.
1.3 Languages World and User shall be referred to as “Parties” collectively and as an individual “Party.
DEFINITIONS
In this Agreement,
“User” means any natural person or, where appropriate, legal entity that accesses the Languages World platform, whether registered or not (in case of registration, the User is hereinafter referred to as the “Languages World Customer” or the “Translator” according to their use of the platform and its content / services) and acquires or makes use of the content and services of the Languages World platform in a partial / full and temporary / permanent in his name and on his behalf or on behalf of others and on their behalf,
“Translator” means any third party registered as a User and an independent contractor working with Languages World to provide translation services to Languages World’s Customers.
“Languages World Customer” means any third party registered as a User who wishes to purchase translation services through Languages World.
“Customer Materials” means the original content, guidelines, glossaries, and any other materials provided by Languages World customers for translation.
“Translated Contents” means the contents obtained by translating the Client’s Materials in the source language into another (target) language by the Translator, applying the commonly known and confessed grammatical rules, as well as his/her own experience, profession and fields – specific knowledge or the knowledge of the necessary vocabulary obtained through various dictionaries and thesauri,
Translation Order refers to any request for translation services through Languages World’s client platform.
Quality Level Options means the translation options, set as “Standard, Professional, Certified” in Languages World’s Quality Standards.
AGREEMENT AMENDMENTS / UPDATES
Languages World shall have the right and authorization to change or update the terms and conditions contained in this document and the Privacy Policy that is an integral part of this Agreement, at any time, in part or in full. The User may not claim, demand or represent that Languages World has not notified them of the changes and updates referred to, or that the changes and updates referred to may not be applicable to the User, if the User has been notified directly by Languages World or has accessed the Platform in any way or has used / made use of the content / services on the Languages World Platform directly / indirectly after changes and updates.
ESTABLISHMENT OF THE AGREEMENT AND ITS COMPLIANCE
4.1. By accessing the Platform, whether the User registers or not, and regardless of the duration of their activities, visits, membership and more, this Agreement shall be established and come into force and both Parties shall be deemed to have agreed to be legally bound and, in the future, the User shall be deemed to have read, understood and confirmed this Agreement.
4.2. After the establishment of this Agreement as set out in 4.1., This Agreement shall remain in force and shall be legally binding on the Parties while the User accesses / uses the Platform, its contents / services, regardless of the time period of User Access to it.
4.3. The User may terminate this Agreement by closing his account and notifying Languages World in writing specifying the date provided that the User guarantees that he will not access the Platform from the date of such notification. If Languages World determines that User is in partial or total violation of any provision of this Agreement and/or the Privacy Policy, Languages World will suspend User’s account permanently/temporarily and/or terminate this Agreement immediately without notice and without incurring any liability for payment.
USE OF CONTENT/SERVICES AND PROTRANSLATAR USER ACCOUNT OBLIGATIONS
5.1. Age Restriction
To use / make available the Languages World Platform and its content / services, users must not be under 18 years of age or under the legal age in their country. Minors are strictly prohibited from using the Platform and its contents / services. If the user falsifies his or her age during registration, Languages World will have the right to cancel the account of the referred user. By accessing / using the Platform and its contents / services, the User must accept and ensure that it complies with these age restriction requirements.
5.2. Use of user accounts
5.2.1. The User must accept and ensure to provide complete and accurate information and update the information referred to accordingly when the User logs into the Platform and / or use the content / services of Languages World in any way.
5.2.2. In no case the User shall be entitled to allow third parties to use, permanently or temporarily, your account information or any other authorization in the Platform. Otherwise, Languages World may suspend the User’s respective account permanently or temporarily.
5.2.3. The User shall be solely responsible for the consequences of allowing third parties to use your account. In no event shall any third party using the User’s account, either permanently / temporarily and partially / fully, make any right or claim against Languages World.
5.2.4. User must agree and warrant that no multiple user account will be created for any reason. Otherwise, User shall be responsible for any adverse results related to such failure.
5.2.5. User agrees and warrants that it will not share its account information with any third party, to protect and maintain the confidentiality of such information and to notify Languages World immediately in the event of a security breach. Languages World is not responsible for any damages, losses, costs, or other adverse results arising from such unauthorized use.
In addition to this Agreement, User must agree to confirm the Privacy Policy as an integral part of this Agreement. In doing so, User shall ensure compliance with this Agreement, the Privacy Policy, any other rules and regulations of Languages World, and applicable laws and regulations when using Languages World content/services. In this regard, User agrees to be solely responsible for its own actions, and in no way has the right to seek recourse against Languages World and such actions do not confer any liability on Languages World. Further, in such event, User shall agree and warrant that Languages World and any other third party shall be solely liable for any damages, losses, costs or expenses.
5.2.7. The User agrees not to violate, reverse engineer, decompile, reverse engineer, dismantle or otherwise exploit the Platform and its contents / services. In addition, the User agrees not to provide help and assistance to others in connection with the above actions.
5.2.8. By using Languages World’s services/content, User agrees and warrants not to transfer, communicate, publish, display, store, send, forward, maintain or provide access to any content that is deemed illegal, harassing, threatening, harmful, unfair, defamatory, abusive, rude or contains violence, jargon, pornographic, sexually offensive, interfering with other people’s privacy, racist or humiliating ethnic identities, or similar inconveniences to Languages World, its affiliates, directors, employees, other Users, and any other third parties and do not use Languages World’s content/services in such a manner. Otherwise, the User will be solely responsible for their related actions. Languages World reserves the right to remove such material from the Platform without notice.
5.2.9. In the event that the User violates the above clauses, the User’s account will be permanently / temporarily suspended and the User may be deprived of Languages World’s services / content by Languages World and, if required by official authorities, Languages World will disclose User-generated content that violates the above clause.
5.2.10 Languages World will only be responsible for the removal of illegal content referred to from the related user account and platform, provided that the removal is technically possible Languages World is not responsible for the removal mentioned against the respective user.
5.2.11. Without the express written permission of Languages World, User shall not cause Translators to provide translation services outside the Platform or cause Languages World Customers to send their Customer Materials outside the Platform or negotiate translation rates for a Translation Order with other Users directly and not attempt to do so. In addition, the User shall ensure that he will not communicate or attempt to communicate with Translators except in the areas provided for in the Platform.
5.2.12. Languages World will not be responsible for any conditions and consequences arising from or related to the loss or unavailability of User accounts and / or any component / content in these User accounts as a result of technical reasons when providing content / services.
5.2.13. In order to protect Users against advertising or inappropriate requests and to maintain the integrity of use on the Platform, Languages World shall have the right to partially or wholly restrict access to services / content for Users on the Platform.
5.2.14. There may be links, content, including advertisements, from third parties on the Languages World platform. Only the user will decide whether to access or use the content of third parties through the platform. The terms and conditions of use of such content will be determined by their owners.
In this regard, Languages World has no power to determine these terms and conditions of use and any dispute or claim regarding the referred terms and conditions of use will not be asserted against Languages World.
TRANSLATION SERVICES
6.1. Since Languages World will provide the intermediary between Languages World customers and the translator for translation services through the Platform, the Translator must be tested by Languages World, one or more times, to determine his or her skills/profession for translation services. The evaluation of these tests and the assignment of Translators for Translation Orders are determined exclusively by Languages World and their decisions/determinations are final.
6.2. To obtain translation services through the platform, Languages World customers must approve Translation Orders. In a Translation Order, Languages World customers will determine and provide certain information, including quality level options, as set forth in Languages World’s Quality Standards. Languages World customers may require the translation of their materials into one or more languages with a single translation order. Languages World customers will provide all information/documents needed for translation. Since the quality of translations depends on the Customer Materials provided, Languages World. Customers will agree and ensure that the information/documents provided by them are explicit, accurate, and complete.
6.3. Translation orders placed by Languages World are registered in the system and Languages World assigns a translator according to his/her skills / profession and availability. Languages World customers have the right to cancel any of their Translation Orders by email or through their Platform account, without any liability for payment, if the respective order has not yet been placed with a Translator. Otherwise, translation orders cannot be cancelled and there will be no refund of your payment.
6.4. Languages World does not guarantee that a particular translator or any translator is responsible for the Translation Order. For each translation order, Languages World will indicate an estimated time to complete the translation, but this may not be an exact delivery time. Languages World does not guarantee that the translation service will be completed in that estimated time. When the translation service is completed, Languages World will notify the respective Languages World customer of the completion for review.
6.5. In addition to the Languages World notice set forth above, Languages World’s customer will have 72 hours to review the content of the translation. The content of the translation will be deemed approved if Languages World’s customer approves or does not respond in any way within that time period. If Languages World customer believes that the translation content does not meet the quality standards, then Languages World customer shall reject and object to the translation content within that time period. Languages World will respond to your rejection within a reasonable time period.
6.6. User agrees and accepts that Languages World is only an intermediary between Translators and Languages World’s Customers; Languages World’s Customers and Translators will use the translation services at their own risk and will be responsible to each other for their own actions/transactions, including the content of the translation. Languages World makes no warranties with respect to their actions/transactions.
6.7. For the reasons set forth above, Languages World is not obligated to control and monitor translated Content and makes no guarantees regarding translation services through the Platform (including but not limited to accuracy, quality, reliability, integrity, legality of translations, the language skills of translators/professions for translation and/or whether Languages World’s Customers provide accurate, explicit, and complete information for translation services and/or whether an order for translation is completed in a timely manner).
PAYMENTS
7.1. Some of the content / services provided on the platform may require payment and the rest may be free. Languages World will have the exclusive right to determine which content/services require payment and how and for how long this determination will continue.
7.2. With respect to translation services on the Languages World platform, payment is made by the customer at Languages World on the date the translation order is placed for 50%. Subsequent payments are made through PayPal or by credit card until 100% is paid. If affiliation with one of the translations is defined as “Approved Corporate Affiliation”, the respective Languages World will be entitled to make payments on a monthly basis in exchange for the corresponding invoice. Payments, which will be made to Translators, will be made monthly in US dollars as set forth in the Translator Agreement. On the other hand, if a translator’s accrued revenue in a month as a reward for their monthly translation services through the platform is less than $30, Languages World will not make any payments for that month for that translator and will expect the accrued revenue to exceed the limit set forth herein.
7.3. Languages World shall have the right to suspend a payment if the source of the payment is suspected of being fraudulent. In such case, if payment has been made to Translator, Translator shall be obligated to return full payment to Languages World. Otherwise, non-compliance shall be deemed a breach of this Agreement and Languages World shall have the right to terminate this Agreement and/or suspend the respective User account permanently or in full.
7.4. Any User whose membership is terminated by Languages World due to a breach of this Agreement will not receive any credit/payment or any financial interest.
INTIMACY
8.1. By accepting this Agreement, the User is deemed to have accepted and is subject to the Privacy Policy, which is an integral part of this Agreement.
8.2. It may be necessary for the User to provide certain information (including, but not limited to, first name, last name, e-mail address, information on his/her language skills) during registration. Languages World will take appropriate steps to protect such information.
8.3. The terms of Languages World’s use, disclosure, and collection of personal information from users are explained in the Privacy Policy.
8.4. Languages World may disclose Customer Materials to potential Translators solely for the purpose of allowing Translator to preview the content in order to decide whether it would be responsible for translating the Customer Materials. In this regard, Users are solely responsible for editing or removing any confidential or personally identifiable information in Customer Materials if Users do not wish to disclose such information.
INTELLECTUAL PROPERTY RIGHTS
9.1. Any visual/written content, any copyrighted material and/or any other proprietary information/content protected, the trademarks on the platform, and any title, rights, and interests therein are the exclusive property of Languages World. Nothing in this Agreement shall be construed to confer upon Users any right to use or license Languages World’s trademarks for any purpose without the prior written consent of Languages World. Except as provided herein, User may not, in any manner, copy, modify, publish, transmit, retransmit, display, sell, distribute, or reproduce or use in any way the content or material set forth herein.
9.2. User agrees that any right, title or interest in any Content, copyrighted material and other proprietary material protected on the Languages World Platform (including, without limitation, translated content/content posted by Users), any rights thereto, including intellectual property rights, are the exclusive property of Languages World ; the Translated Content and any economic rights in such Translated Content (including the right to reproduce, adapt, perform, distribute and transmit, retransmit, communicate) shall be transferred to Languages World’s respective Customers without limitation, only if they comply with this Agreement. and approve the translated Content.
9.3. User agrees that all content, services and/or other materials, documents provided on the Languages World Platform are protected by copyright law, trademark law, patent law and related international treaties and any other similar laws and the Agreement. In this regard, User shall ensure that it shall not act contrary to such rules and regulations and shall be solely responsible for any adverse results in the event of such failure.
9.4. In connection with translation services provided to Languages World Customers, any content and other material protected by copyright and any intellectual property provided by third parties to the Platform and any rights to such content and material belong to their respective owners (Languages World Customers) who provide the references to the Platform. You agree and warrant that you will not violate any of the rights of Languages World’s Customers.
9.5. By posting any information or content in any public area of the Platform, the User automatically grants and declares and guarantees that he or she has the right to grant the Owner and other Users an irrevocable, perpetual, non-exclusive, fully paid, worldwide. license to use, copy, execute, distribute, display, communicate, reproduce, grant and authorize sublicenses, prepare derivative works or incorporate them into other works and use them in any other way.
INDEMNIFICATION AND REMEDY
YOU HEREBY AGREE TO INDEMNIFY AND HOLD LANGUAGES WORLD, ITS AFFILIATES, DIRECTORS, EMPLOYEES, FROM AND AGAINST ALL ACTIONS, LIABILITIES, CLAIMS, LITIGATION, DAMAGES, LOSSES, COSTS AND/OR EXPENSES (INCLUDING ATTORNEYS’ FEES) CAUSED BY YOUR USE, MISUSE, INABILITY TO USE OR ABUSE THE PLATFORM AND ANY OF ITS CONTENT/SERVICES OR YOUR BREACH OF THIS AGREEMENT, PRIVACY POLICY OR ANY OTHER RULES AND PRINCIPLES, OR LAWS AND/OR OTHER LEGAL RULES AND REGULATIONS, WHETHER INTENTIONAL, NEGLIGENT OR OTHERWISE.
DISCLAIMER OF WARRANTY
11.1. LANGUAGES WORLD’S PLATFORM AND ITS CONTENT/SERVICES ARE PROVIDED “AS IS”. YOU USE THE PLATFORM AT YOUR OWN RISK AND CONTROL. LANGUAGES WORLD MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AGAINST DEFECTS, MISREPRESENTATIONS, THIRD PARTY OWNERSHIP, INTELLECTUAL PROPERTY CLAIMS AND WITH RESPECT TO CONTINUITY, ACCURACY, RELIABILITY OF FOLDABILITY, DEPENDABILITY, QUALITY CONTENT AND SERVICES OR ANY PERIOD OF TIME, EXCLUDING OPERATING TIME.
11.2. THE FOREGOING PROVISIONS OF THE NO WARRANTY CLAUSE IN 11.1 SHALL NOT BE CONSTRUED TO MEAN THAT LANGUAGES WORLD HAS TAKEN OR WILL TAKE DELIBERATE ACTION FOR ANY TYPE OF PROBLEM SET FORTH IN 11.1 OR HAS MANAGED OR WILL MANAGE THESE TYPES OF ACTIONS AND OBJECTIVES.
LIMITATION OF LIABILITY
12.1. IN NO EVENT, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER REGULATION AND PRINCIPLES OF LEGAL LIABILITY, SHALL LANGUAGES WORLD BE LIABLE TO YOU OR ANY THIRD PARTY RELATED TO YOU UNDER ANY CIRCUMSTANCES WHATSOEVER WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF SAVINGS OR INCIDENTAL, INDIRECT, DIRECT, SPECIAL, PERSONAL, PUNITIVE DAMAGES, MULTIPLE OR CONSEQUENTIAL LOSS ARISING FROM THE USER’S USE, ABUSE, INABILITY TO USE, MISUSE OF THE LANGUAGES WORLD PLATFORM AND/OR ITS CONTENT/SERVICES, OR GROSS NEGLIGENCE OF THIS AGREEMENT, EVEN IF LANGUAGES WORLD, ITS AFFILIATES, DIRECTORS, EMPLOYEES ARE INFORMED OR SHOULD BE INFORMED OF THE POSSIBILITY OF SUCH DAMAGES AND CONSEQUENCES AND/OR FOR THE PURPOSE OF ASSERTING SUCH CLAIM.
12.2. UNDER NO CIRCUMSTANCES SHALL YOU DEMAND ANY COMPENSATION FROM LANGUAGES WORLD TRANSLATIONS IN CONNECTION WITH THIS AGREEMENT, DIRECTLY / INDIRECTLY, OTHER THAN THE ONE-TIME AMOUNT OF SUCH INDIVIDUAL TRANSACTION THAT IS SUBJECT TO SUCH CLAIM.
FORCE MAJEURE
Languages World shall not be liable for any failure or delay in fulfilling this Agreement (including, without limitation, Languages World’s failure to perform its obligations under this Agreement) due to an event of force majeure, reasonably unpredictable events occurring outside of Languages World’s control (including but not limited to acts of God, war, terrorist attack, rebellion, embargo, acts, decisions and regulations of civil or military authorities, fires, floods, accidents, strikes, pandemics, limitation of transportation facilities, or lack of fuel, power, labor or materials).
RELATIONSHIP BETWEEN THE PARTIES
This Agreement shall not constitute or be construed to constitute the establishment of a joint venture, partnership, agency, employment or other similar relationship between the Parties. This Agreement shall not affect any other prior agreements between the Parties, provided that such prior agreements do not contravene the provisions of this Agreement.
TITLES AND INTERPRETATION
The section titles contained in this Agreement are for reference purposes only. The section titles shall have no legal effect and shall not affect in any way the meaning or interpretation of this Agreement.
PARTIAL INVALIDITY
If any provision contained in this Agreement is held to be illegal or unenforceable for any reason, that provision shall be replaced by a provision that is valid to the maximum extent permissible so as to affect the intent of the Parties and the remainder of this Agreement shall remain in full force and effect.
However, if the provision is determined to be illegal or unenforceable or cannot be reformulated, it is agreed that the provision in question shall be severable from the rest of the provisions of the Agreement and such determination shall not affect the validity and enforceability of the remaining provisions.
ASSIGNMENT AND TRANSFER
User shall not assign, transfer or collect any rights or court authorization directly or indirectly related to this Agreement to any third party without the prior written consent of Languages World.
Languages World may assign, transfer, or collect all or any part of its rights, warranties, or obligations under this Agreement at any time to any third party with notice to User.
NO WAIVER
18.1. A breach by Languages World of any provision of this Agreement shall never be construed as a waiver or relinquishment of the Parties’ right to assert or rely on the provision at issue or any other provision of this Agreement.
18.2. The express waiver by Languages World of any provision of this Agreement shall never constitute a waiver by Languages World of its obligation to act on the provision in question in the future.
GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of the Republic of Panama. The Parties accept the exclusive jurisdiction of the Central Courts and the Enforcement Offices for any dispute arising from this Agreement.
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