Last Modified: 22 April, 2015
Thank you for using Transifex! These terms of service (the “Terms”) govern your access to and use of Transifex (“we” or “our”) websites and services (the “Services”), so please carefully read them before using the Services.
Transifex is a website service created in order to provide full product localization and publishing services through the Internet. If you wish to be registered, engage in transactions with other members and use the services, available at the Site, read the following conditions and confirm your consent. This is a legal agreement (“Agreement”) between you and Transifex Limited (the “Owner”), which will apply to you in respect of any and all services offered by or acquired (the “Services”) from the Transifex Website (the “Website”).
Use of this Website and its Services signifies the acceptance of the following Terms and Conditions. If you do not agree with these Terms and Conditions, please you should not provide Transifex with any information and you should not use Transifex Services or this Website. Your continued use of Transifex Services or this Website in light of changes to this statement or to the relevant principles will signify your acceptance of the changes.
When you register on the Website, you are asked to create your own profile. Your profile includes, but is not limited to, personal information such as your user name, your email and general information you wish to disclose about yourself. Upon successful registration, you become a member of the Website (a “Member”), and for as long as you remain a Member, you agree to comply with the applicable Terms and Conditions of this Agreement (the “Terms”). In case you only visit the Website and you do not register as a Member (a “User”), you are still obliged to some of the conditions and terms of this agreement.
Website members can be Service Buyers, Service Providers or both at the same time.
By using the Services you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms. In that case, “you” and “your” will refer to that organization.
You may use the Services only in compliance with these Terms. You may use the Services only if you have the power to form a contract with Transifex and are not barred under any applicable laws from doing so. The Services may continue to change over time as we refine and add more features. We may stop, suspend, or modify the Services at any time without prior notice to you. We may also remove any content from our Services at our discretion.
By using our Services you provide us with information, files, and folders that you submit to Transifex (together, “your words”). You retain full ownership to your words. We don’t claim any ownership to any of it. These Terms do not grant us any rights to your words or intellectual property except for the limited rights that are needed to run the Services, as explained below.
We may need your permission to do things you ask us to do with your words, for example, hosting your files, or sharing them at your direction. This includes product features visible to you, for example, image thumbnails or document previews. It also includes design choices we make to technically administer our Services, for example, how we redundantly backup data to keep it safe. You give us the permissions we need to do those things solely to provide the Services. This permission also extends to trusted third parties we work with to provide the Services, for example RackSpace, which provides our storage space (again, only to provide the Services).
You are solely responsible for your conduct, the content of your files and words, and your communications with others while using the Services. For example, it’s your responsibility to ensure that you have the rights or permission needed to comply with these Terms.
We may choose to review public content for compliance with our community guidelines, but you acknowledge that Transifex has no obligation to monitor any information on the Services. We are not responsible for the accuracy, completeness, appropriateness, or legality of files, user posts, or any other information you may be able to access using the Services.
The Services provide features that allow you to share your words with others or to make it public. There are many things that users may do with those words (for example, copy it, modify it, re-share it). Please consider carefully what you choose to share or make public. Transifex has no responsibility for that activity.
We may mediate between translation buyers and translation providers. We may redirect you to Service Provider Partners for such translation services. Service Buyers may enter and receive a quote for text translation into a number of languages. Orders for translation are received into a database system and are automatically dispatched to the Service Provider. Upon completion, Transifex will receive the translated content and make it available to the buyer.
Any dates provided for delivery of the Translated Works or for performing the services, are approximate only. Unless otherwise expressly agreed by Transifex, time is not of the essence for delivery or performance, and no delay shall entitle you to reject any delivery or performance or to repudiate the Contract. Transifex will not be liable in any circumstances for the consequences of any delay in delivery or performance or failure to deliver or perform.
Posting or delivery to a carrier (including post, facsimile, e-mail) for the purpose of transmission to you shall, for the purposes of this Agreement, constitute delivery to you. Risk in the Translated Works shall pass to you on delivery. Transifex may deliver by installments in such quantities as it may reasonably decide; such installments shall be separate obligations and no breach in respect of one or more of them shall entitle Service Buyers to cancel any other installments or repudiate this Agreement as a whole.
Files and other content in the Services may be protected by intellectual property rights of others. Please do not copy, upload, download, or share files unless you have the right to do so. You, not Transifex, will be fully responsible and liable for what you copy, share, upload, download or otherwise use while using the Services. You must not upload spyware or any other malicious software to the Service.
You, and not Transifex, are responsible for maintaining and protecting all of your words. Transifex will not be liable for any loss or corruption of your words, or for any costs or expenses associated with backing up or restoring any of your words.
If your contact information, or other information related to your account, changes, you must notify us promptly and keep your information current. The Services are not intended for use by you if you are under 18 years of age. By agreeing to these Terms, you are representing to us that you are over 18.
You are responsible for safeguarding the password that you use to access the Services and you agree not to disclose your password to any third party. You are responsible for any activity using your account, whether or not you authorized that activity. You should immediately notify Transifex of any unauthorized use of your account. You acknowledge that if you wish to protect your transmission of words or files to Transifex, it is your responsibility to use a secure encrypted connection to communicate with the Services.
These terms do not grant you any right, title, or interest in the Services, Software, or the content in the Services. While we appreciate it when users send us feedback, please be aware that we may use any feedback, comments, or suggestions you send us or post in our forums without any obligation to you. The Software and other technology we use to provide the Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. These Terms do not grant you any rights to use the Transifex trademarks, logos, domain names, or other brand features.
You will not, and will not attempt to, misuse the Services, and will use the Services only in a manner consistent with the Transifex Accepted Use Policy.
We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. However, we will respond to notices of alleged copyright infringement if they comply with the law and are properly provided to us. Such notices should be reported using our DMCA Policy. We reserve the right to delete or disable content alleged to be infringing and to terminate repeat infringers.
The Services may contain links to third-party websites or resources. Transifex does not endorse and is not responsible or liable for their availability, accuracy, the related content, products, or services. You are solely responsible for your use of any such websites or resources. Also, if we provide you with any software under an open source license, there may be provisions in those licenses that expressly conflict with these Terms, in which case the open source provisions will apply.
You hereby grant Transifex the right to use, reproduce, publish, perform and display, at its sole discretion, your trademarks, service marks, trade name, and/or logo (“Your Marks“) on the Site and in Transifex’s printed marketing materials, solely in connection with the Service. You retain all title in and to Your Marks. At any time, you may request in writing (at firstname.lastname@example.org) that Transifex cease to display Your Marks and Transifex will subsequently remove Your Marks from the Site and cease to use Your Marks in any future printed marketing materials.
Though we’d much rather you stay, you can stop using our Services anytime. We reserve the right to suspend or end the Services at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use if you are not complying with these Terms, or use the Services in any way that would cause us legal liability or disrupt others’ use of the Services. If we suspend or terminate your use, we will try to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend immediately.
Though we want to provide a great service, there are certain things about the service we can’t promise. For example, THE SERVICES ARE PROVIDED “AS IS”, AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. (We are not shouting- it’s just that these disclaimers are really important, so we want to highlight them). Transifex will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Services or Software. Some states do not allow the types of disclaimers in this paragraph, so they may not apply to you.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL TRANSIFEX, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT TRANSIFEX HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN THE GREATER OF $20 OR THE AMOUNTS PAID BY YOU TO TRANSIFEX FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION. Some states do not allow the types of limitations in this paragraph, so they may not apply to you.
We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you (for example via email to the email address associated with your account). Other changes may be posted to our blog or terms page, so please check those pages regularly. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Services.
THESE TERMS AND THE USE OF THE SERVICES AND SOFTWARE WILL BE GOVERNED BY CALIFORNIA LAW EXCEPT FOR ITS CONFLICTS OF LAWS PRINCIPLES. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES OR SOFTWARE MUST BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF SAN MATEO COUNTY, CALIFORNIA, AND BOTH PARTIES CONSENT TO VENUE AND PERSONAL JURISDICTION THERE. These Terms constitute the entire and exclusive agreement between you and Transifex with respect to the Services, and supersede and replace any other agreements, terms and conditions applicable to the Services. These Terms create no third party beneficiary rights. Transifex’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void, but Transifex may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. Transifex and you are not legal partners or agents; instead, our relationship is that of independent contractors.
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