SDL is the provider of the website at freetranslation.com and all linked pages owned and operated by SDL (the "Site"), and other SDL branded or co-branded websites and APIs (including sub-domains, international versions, widgets, and mobile versions, as applicable) now existing or later developed Freetranslation.com(together with the Site, the "SDL Service"). These terms apply to all users of the Site or SDL Service, including users who are also contributors of content, information, and other materials or services on the Site. The SDL Service is a web-based service dedicated to language translations and other associated services. SDL may perform translations utilizing automated translation tools (such as machine translation) along with human translators.
Provided that you otherwise fully comply with the provisions of these Terms, and upon your payment of the applicable fees (if any), SDL grants to You a limited, personal, non-exclusive, non-transferable and non-sublicensable license to use the SDL Service.
In order to access certain features of the SDL Service, you must register to create an account ("Account"). If you create an Account, you agree that you will provide complete, current and accurate information about yourself as requested, and that you will keep that information up to date. You are responsible for safeguarding the confidentiality of your username and password that you use to access your Account. You agree not to disclose your username or password to any third party. YOU AGREE THAT YOU ARE SOLELY AND FULLY RESPONSIBLE FOR ANY ACTIVITIES OR ACTIONS TAKEN UNDER YOUR ACCOUNT, WHETHER OR NOT YOU HAVE AUTHORIZED SUCH ACTIVITIES OR ACTIONS. You will immediately notify SDL of any unauthorized use of your Account.
Any dates provided for performing the services, are approximate only. Unless otherwise expressly agreed by SDL, 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 these Terms. SDL 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 these Terms, constitute delivery to you.
The SDL Service contains copyrighted material, trade secrets and other proprietary intellectual property. You shall not (a) copy, distribute, or disclose any portion of the SDL Service in any medium, including without limitation by any automated or non-automated "scraping" (b) transfer, lease, loan, resell for profit, distribute, or otherwise grant any rights in the SDL Service in any form to any other party, (c) modify, copy, adapt, decompile, disassemble, reverse engineer, or otherwise attempt to derive source code from, the SDL Service in whole or in part, (d) remove, modify, or obscure copyright or other proprietary rights notices in the SDL Service, (e) use any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the SDL Service in a manner that sends more request messages to the SDL servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser, (f) attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the SDL Service, (g) upload invalid data, viruses, worms, or other software agents through the SDL Service, (h) interfere with the proper working of the SDL Service; or, (i) bypassing the measures SDL may use to prevent or restrict access to the SDL Service.
Fraudulent activities are highly monitored in the SDL Services and if fraud is detected SDL shall resort all remedies available to us, and you shall be responsible for all costs and legal fees arising from these fraudulent activities.
Service Improvement. Subject to the terms and conditions of this License, your grant to SDL and its affiliates a worldwide, non-exclusive, non-transferable, perpetual, irrevocable, royalty-free license to store and use your materials and corresponding translation text, and any previous materials on file to develop, operate, perform, tune, enhance, refine, and improve the SDL Service and SDL’s other services and products and for other internal purposes. Such license extends to any future data, and any previous materials and corresponding translation text of yours on file with SDL.
Feedback. You grant to SDL a worldwide, non-exclusive, non-transferable, perpetual, irrevocable, royalty-free license to license to use, copy, modify, or distribute, including by incorporating into the SDL Service, any suggestions, enhancement requests, recommendations or other feedback provided by you relating to the operation of the SDL Service.
Publicity. By registering for the Service, you agree that SDL may identify you as a customer on the Site and use your name in marketing and other promotional materials. SDL agrees not to otherwise use your trademark or logo without your prior written consent.
Notwithstanding the above, you or the intellectual property owner retains ownership of the intellectual property submitted to SDL, subject to the licenses granted in this Section 5.
Confidential Material. By submitting materials for translation, you represent and warrant that the use of material licensed in Section 5 above (Your License Grants) does not disclose or misappropriate any trade secret, or violate any rights in privileged, confidential, personally identifying, or private information. YOU AGREE TO INDEMNIFY AND TO HOLD SDL HARMLESS AGAINST ANY CLAIMS FOR IMPROPER USE OR DISCLOSURE OF SAID MATERIALS.
Data Submission. You warrant that you have a good faith belief that you own the intellectual property or have the consent of the intellectual property owner to grant the licenses in Section 5 above (Your License Grants). YOU AGREE TO INDEMNIFY AND TO HOLD SDL HARMLESS AGAINST ANY CLAIMS ARISING FROM YOUR UNAUTHORIZED SUBMISSIONS.
Subsequent Translations. SDL undertakes no obligation to monitor or to report to you the third party submission of documents for translation containing text similar or identical to your original documents. YOU WAIVE, RELEASE, AND AGREE TO FOREGO ANY CLAIM YOU MAY HAVE AGAINST SDL FOR ANY INTELLECTUAL PROPERTY INFRINGEMENT LIABILITY ARISING FROM OR RELATED TO SDL’S PERFORMANCE OF TRANSLATIONS FOR OTHERS.
BY USING THE SDL SERVICE, YOU AGREE TO INDEMNIFY AND HOLD HARMLESS SDL, ITS DIRECTORS, OFFICERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS, CONTRACTORS AND LICENSORS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THESE TERMS, YOUR USE OF THE SDL SERVICE, OR ANY ACTION TAKEN BY SDL AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THESE TERMS OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THESE TERMS HAS OCCURRED.
As between the parties, SDL and its affiliates or its third-party licensors, as applicable, shall retain all ownership rights in the SDL Service and the technology, software, products, processes, algorithms, user interfaces and know-how related to the SDL Service, and the SDL Service is protected by applicable United States and foreign copyright, trade dress, patent, and trademark laws, international conventions, and other applicable intellectual property and proprietary rights and applicable laws. All trademarks, service marks and trade names are proprietary to SDL and its affiliates and third-party licensors, as applicable.
SDL Services are provided on an "as is" basis without any warranties or conditions of any kind. SDL EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT.
SDL does not warrant that your use of the Site or SDL Services will be secure, uninterrupted, always available, error-free, will meet your requirements, or that any defects in the Site will be corrected. Furthermore, SDL does not warrant or make any representation regarding the use of the translations in terms of their accuracy, correctness, reliability or otherwise.
SDL SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF GOODWILL, LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR USE OF OR ACCESS TO THE SDL SERVICE, EVEN IF SDL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS LICENSE, SDL’S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF $500.00 (FIVE HUNDRED UNITED STATES DOLLARS) OR THE TOTAL PRICE OF THE SUBJECT SERVICES PAID FOR OR PAYABLE BY YOU.
If any dispute arises regarding this License or the SDL Service, you agree that the dispute will be governed by the laws of the State of New York without regard to its conflict of law provisions. You agree to personal jurisdiction and venue in the state and federal courts in New York County, New York.
You agree that to comply with all export restrictions and regulations of the Department of Commerce or other agency of the United States Government, or any other applicable international export restrictions or regulations, and that you will not export or otherwise transfer any software underlying the SDL Service, directly or indirectly, to a prohibited country.
If any clause of these Terms is judged null and void, all the other clauses shall nevertheless apply.
SDL shall not be held liable in case of impossibility or delay in performance of these Terms due to labor disputes, force majeure or any other event beyond its reasonable control, including, but not limited to, mechanical, electronic or communications failure, natural disasters and traffic disruption, data corruption, service interruption caused by viruses, network and service defects, caused by connection and transfer conditions beyond our control or other such disruption.
The Terms cancel and supersede any prior agreements or proposals, whether oral or written, between the parties concerning the content of these Terms. These Terms can only be modified by an amendment signed by both parties or as set forth in Section 16.
Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of these terms and conditions, without liability to us. However, we may assign these terms and conditions to any person at any time without notice.
These Terms will remain in full force and effect while you use the SDL Service. You may terminate your Account at any time for any reason by following the instructions on your Account homepage. We may terminate your Account for any reason at any time. Even after your Account is terminated, certain sections of these Terms will remain in effect.