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Your User Agreement |
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The following describes the terms on which Lingtastic offers you access to our services. IntroductionWelcome to Lingtastic. By using the services on the Lingtastic websites (Lingtastic.com and other related websites where this agreement appears) (the “Sites”), you are agreeing to the following terms, including those available by hyperlink, (the "Agreement" or "User Agreement") with Lingtastic LLC and the general principles for the websites of our subsidiaries and international affiliates. Lingtastic is incorporated in the Republic of Panama and is governed by the laws and rules of panama. If you have any questions, please refer to the Help section on the Sites. This agreement is binding on both interpreters and translators (“workers”) and on users (‘customers”) of the services of the workers collectively known as users. (“users’) Using LingtasticWhile using the Sites, you will not:
Abusing LingtasticLingtastic and the Community work together to keep the Sites working properly and the Community safe. Please report problems, offensive content, and policy violations to us. Fees and ServicesJoining Lingtastic as an interpreter is free apart from a testing charge that is paid to an independent party. We do charge fees for using our services, such as but not limited to interpreters, translation, connection, messaging and emailing. When use a service that has a fee you choose the rate that is acceptable to you. You will in addition be charged any incurred fees for connection of various parties (workers and customers) and accept the fees that you will be charged based, which we may change from time to time. We also charge fees related to the transfer of money out of users accounts when this is necessary. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with the Sites in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 180 days past due, deducting the amount owed from your PayPal account balance.) Content LicenseWhen you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future. LiabilityYou will not hold Lingtastic responsible for other users' actions or inactions, including things they post, interpret or translate. You will not hold Lingtastic responsible for the quality or lack of quality in translation or interpreting between languages. Customers are advised that this service is not meant or designed to support interactions where accuracy is essential. Customers are expressly prohibited from using this site for emergency services. Customers are prohibited from using the site for interpreting or translating where the information is to be used to make personal financial or business decisions. Customers must avoid revealing any private or confidential information to workers. You acknowledge that we are not a traditional interpreting and translation agency. Instead, the Sites are a venue to allow anyone to offer their services to interpret and translate, at anytime, from anywhere, in a variety of pricing formats and methods, such as Voip, emails, SMS, and other unknown methods. As such we cannot in anyway make commitments as to the quality of the services offered. We make no warranty regardless of our by line "Any Language, Anywhere Any time" of the availability of any particular language, their availability in any particular place or at any particular time. We make no warranty regarding the quality of the translators or interpreters that you interact with. All services are undertaken at the customers own risk. All grading of services is done by independent parties and is therefore not under our control. Customers agree that such grading is advisory only and the customer accepts responsibility for the acceptability of an individual worker chosen by the service. We are not involved in the actual conversation and have no method for monitoring quality of the interpreting or translation apart from the feed back of the parties involved. We charge a fee as a commission on locating a worker. We have no control over and do not guarantee the quality, safety or legality of the service offered. ReleaseIf you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Access and InterferenceThe information on the Sites is updated on a real-time basis and is proprietary or is licensed to Lingtastic by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the services of the Sites for any purpose without our express written permission. Additionally, you agree that you will not:
PrivacyWe do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the Lingtastic Privacy Policy. We view protection of users' privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account.. For a complete description of how we use and protect your personal information, see the Lingtastic Privacy Policy. If you object to your Information being transferred or used in this way please do not use our services.IndemnityYou will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party. No AgencyNo agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. NoticesExcept as explicitly stated otherwise, legal notices shall be served on Lingtastic's national registered agent (in the case of Lingtastic) or to the email address you provide to Lingtastic during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing. Resolution of DisputesIf a dispute arises between you and Lingtastic, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Lingtastic agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to the help page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. accept that any dispute over the present contract shall be resolved before the courts of the Republic of Panama, with the application of Panamanian legislation.
GeneralLingtastic Inc. is a corporation of the Republic of Panama . If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement in accordance with the Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.We may amend this Agreement at any time by posting the amended terms on this Site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. Additionally, we will notify you through the Lingtastic Message Center. This Agreement may not be otherwise amended except in a writing signed by you and us. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content License, Liability, Indemnity and Resolution of Disputes. |