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Terms & Conditions
Terms & Conditions
Translia.com (“Translia”) is a site that allows its Members to issue and undertake translation jobs online. The services offered by Translia include any features offered from time to time by Translia in connection with Translia’s business (“Services”).
By using Translia, you ("User") agree to be bound by this Agreement, whether you are a visitor browsing the Translia site or a member registered with Translia. You are only authorized to use the Translia Services if you agree to abide by this Agreement during the registration process. Feel free to leave Translia if you disagree. Translia may modify this Agreement from time to time. Your continued use of the Translia after Translia revised Agreement signifies your acceptance of the revised Agreement.
1. Eligibility. You represent and warrant that all registration information is truthful and accurate. You must be 18 years or older to use the site. If you do not comply with these terms, Translia has the unconditional right to refuse, terminate or suspend your access to or cancel membership with Translia at any time.
2. Account Security. You are entirely responsible for maintaining the confidentiality of your password, as well as for any and all use of your account.
3. Termination. This Agreement and any revision shall remain in full force while you use the site or are a Member of Translia. You may terminate your Membership at any time. However, your membership at Translia is decided according to our sole discretion. Translia 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 Translia to Members. Translia reserves the right to delete any content regarded as inappropriate.
4. Use by Members. Translia is designed for the personal use of Members. Your membership allows you to issue translation jobs as a Purchaser of service or to undertake the translation work as a Translator.
5. Charges and Payment. Translia reserves the right to charge for any Translia Services and to change its fees, rates, payment policies, and payment terms from time to time in its discretion. Payment to Members is made via PayPal or Moneybookers to the email address then-current at time of such payment. Members are responsible for the validity of such address to receive payment. Translia will not accept any request to make payment to a PayPal or Moneybookers account that does not match the registered address.
6. Intellectual Property Rights (IPR). Translia 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. Translia has the right to terminate the Membership of infringers.
(a) If a Purchaser issues a translation job in Translia, s/he shall have the right to allow others to translate the documents and the right to open its content. Translia reserves the right to ask Purchaser to provide written evidence of such authorizations as necessary. Upon issuing the job, the Purchaser agrees to open the content of the job to all registered Translia translators. Only registered translators will be allowed to view and work on the issued job.
(b) Translators take the work on “Work-for-Hire” basis. Translators do not own any right to any content on the Translia site during translation. By taking the job issued on the Translia site, translators automatically transfer, without any reservation, all the rights concerning the translation work to the Purchaser and/or its authorizing parties.
(c) Translia 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 Translia a limited license to use such User Content. Translia performs technical functions necessary to offer the Translia Services, including but not limited to storing, transcoding, reformatting, analyzing, or indexing Content.
(d) Content created by Translia ("Translia Content") is protected by copyright, trademark, patent, trade secret and other laws, and Translia owns and retains all rights to the Translia Content.
7. Confidentiality. Registered users shall not release information obtained from Translia sites to any third party. In case of violation Translia has the right to terminate membership of violators and deny them any further access to the site.
8. Process. Purchaser needs to purchase Credit points before issuing any paid jobs of which the rate is greater than zero. The purchased Credit points are interest free and not refundable. The total points for the job are calculated based on the rate and word count and then escrowed by Translia site.
If a job is not completed when it is closed, the full amount will be returned to the Purchaser Credit account on Translia.
The released points are shared by all Translators who work on the job by their contributions. The contributions are measured by edits of translation given by each Translator against the total edits given by all Translators. An edit of translation means entering a new character or deleting an existing character in the translation.
9. Payment to Translators. Translators may cash his/her earned points at the rate of USD1.00 per 100 Earning points (ONE US DOLLAR PER ONE HUNDRED EARNING POINTS). The minimum amount for each payment is USD100.00 (ONE HUNDRED US DOLLARS). A Translator may submit a request for payment when his/her Earning account balance exceeds the above minimum amount. By the 15th of each month Translia makes the payment against the payment request submitted in the previous month.
The payment will be paid to the PayPal or Moneybookers account of the Translator associated with the email address then current.
10. 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 Site, 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. TRANSLIA 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.
11. Third Party Fees. Your access to Translia 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.
12. Dispute between Users. You are solely responsible for your interactions with other Translia Members. Translia has no obligation to involve itself in any way with disputes between you and other Members.
13. Privacy. Use of the Translia Services is also governed by our Privacy Policy.
14. Prohibitions. Translia prohibits below contents and behaviors: (a) Content that involves commercial activities or sales without prior written consent from Translia; (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 site; (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 Translia Services; (s) Covering or obscuring the banner advertisements on your personal profile page, or any Translia 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 Translia; (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 Translia or the networks or services connected to Translia; and (y) Harassing, abusing, harming, impersonating or attempting to do the same to another Member, person or entity.
15. Disclaimers. Translia 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 Translia, whether caused by Users of the Translia or by any of the equipment or programming associated with or utilized in the Translia and such User Content does not necessarily reflect the opinions or policies of Translia. Posts by Members on the Translia site may contain links to other sites. Translia is not responsible for the content, accuracy or opinions expressed on such sites, and such sites are not necessarily investigated, monitored or checked for accuracy or completeness by Translia. Inclusion of any linked site on Translia does not imply approval or endorsement of the linked site by Translia. When you access third party sites, you are at your own risk. Translia takes no responsibility for third party advertisements that are posted on Translia, nor does it take any responsibility for the goods or services provided by its advertisers. Translia is not responsible for the conduct, whether online or offline, of any User of the Translia. Translia 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. Translia 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 Translia 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 Translia. Under no circumstances shall Translia be responsible for any loss or damage, including personal injury or death, resulting from use of Translia, from any User Content posted on Translia, or from the conduct of any Users, whether online or offline. The Translia Services are provided "AS-IS" and as available and Translia expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Translia cannot guarantee and does not promise any specific results from use of Translia.
16. Limitation on Liability. IN NO EVENT SHALL TRANSLIA 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 TRANSLIA, EVEN IF TRANSLIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TRANSLIA'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 TRANSLIA FOR OUR SERVICES DURING THE TERM OF MEMBERSHIP. SERVICES FEES ARE THOSE FEES OF USING TRANSLIA SITE AND ITS FUNCTIONALITIES. AMOUNT PAID TO TRANSLATORS VIA TRANSLIA ARE NOT CONSIDERED AS THE SERVICES FEES PAID TO TRANSLIA.
17. Disputes Settlement. The Agreement shall be governed by the laws of Hong Kong, without regard to its conflict of law provisions. You and Translia agree to submit to the exclusive jurisdiction of the courts in Hong Kong 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.
18. Indemnity. You agree to indemnify and hold Translia 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 Translia 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 Translia causes Translia to be liable to another party.
19. Force Majeure. This Site is and shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond Translia’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.
20. Notice. Any notice required to be given under the TOU will be provided by e-mail to the e-mail address that users provided during registration. Notices by users to Translia 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.
21. Headings. The headings to the sections of the TOU are used for convenience only and shall have no substantive meaning or impact on the interpretation of the TOU.
22. Miscellaneous. This Agreement is accepted upon your use of the Translia site. This Agreement constitutes the entire agreement between you and Translia. The failure of Translia 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.