I. GENERAL USAGE CONDITIONS
1.1 The Site is a communications medium by which clients can have access to and use Services offered by Lionbridge.
1.2 Prior to using Corporate Services, you must identify Yourself using proprietary login credentials provided to you by Lionbridge which will allow you to access Your account (“Account”) on the Site. Only an individual, acting either in his or her individual capacity or as an authorized representative on behalf of a company, may be an account holder on the Site (“Account Holder”). An Account Holder may only have one Account, such account being non-transferable.
1.3 Account Holder Warranties:
(b) You represent and warrant that You own or are the owner or authorized licensee of the Source Material(s) (defined below) and all components thereof, and you further represent and warrant that reproduction, localization, translation, adaptation, and transmission of the Source Material(s) through the Site or their use by Lionbridge and/or its agents to perform the Services shall not infringe upon any copyright, trademark, patent, trade secret, privacy or other right of any third party.
(c) By submitting any Source Material(s) to the Site or using the Services, You hereby grant or represent and warrant that the owner of such Source Material(s) has expressly granted to Lionbridge a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, translate, modify, adapt, publish, transmit, create derivative works from, distribute, perform and display such Source Material(s) in an electronic environment or any other medium now known or later developed to the extent necessary to perform the Services.
(d) You agree not to upload to, distribute, or publish through the Site, or otherwise submit to Lionbridge, any Source Material(s) that is harassing, abusive, threatening, libelous, defamatory, obscene, pornographic, profane, sexually explicit, or otherwise in violation of any law, including, without limitation, any criminal, trademark or copyright law. You shall not upload Source Material(s) (i) that encourages or promotes illegal activity, (ii) that discusses illegal activities with the intent to commit them, or (iii) that may give rise to civil or criminal liability in any way, or which violates federal, state, or local laws. You shall not upload materials intended to be used for the transmission of unsolicited e-mails (spam) or faxes. You shall not in any manner impersonate anyone else or misrepresent your true identity.
(e) You represent and warrant at all times that the Source Material(s) You upload to the Lionbridge servers or Site for all Services will be free from infection or viruses, worms, Trojan horses or other destructive code.
1.4 As an Account Holder, You must keep confidential and not send or disclose your username or password to any person other than Lionbridge. You must not store your username or password in any form in any location where either one is capable of being read by any person other than yourself. You must not permit any other person, other than persons having your express written permission and under your personal supervision, to use your username and password to access and use the Services. You accept and assume total responsibility and liability for all aspects of use of the Services by all persons using your username and password.
1.5 Lionbridge reserves the right in its sole discretion to refuse to provide the Services at any time.
(a) The process for registering as an Account Holder requires Account Holders to provide Lionbridge with contact information for the Client. Lionbridge may also collect personally identifiable information at other times. Lionbridge uses personally identifiable information for two general purposes: (i) to fulfill your requests for certain products and localization and translation services, and (ii) to contact you about special offerings and new products or services. You can choose to opt out of receiving non-essential communications from us by sending an e-mail to email@example.com. Lionbridge may share non-personal aggregate or summary, information regarding its clients with business partners or other third parties, but Lionbridge will not distribute, rent, or re-sell the personally identifiable information provided by its Account Holders to third parties without consent. However, Lionbridge may send personally identifiable information to other persons or entities when (i) Lionbridge has Your consent to share such information, (ii) Lionbridge needs to share Your information to provide a product or service You have requested, (iii) Lionbridge needs to respond to a court order or is otherwise required to do so by law, or (iv) it becomes a matter of public knowledge other than by disclosure by Lionbridge.
(c) An Account Holder shall, at all times, have the right to access and to review any personally identifiable data pertaining to such Account Holder retained by Lionbridge, and may amend, rectify or remove such personally identifiable data, by sending an email to firstname.lastname@example.org
(d) To the extent any Source Material(s) contains personal data or personally identifiable information, you represent and warrant that any necessary consents required from the applicable data subjects in accordance with data protection or privacy laws and regulations have been obtained in order to permit Lionbridge to use, disclose, transmit and/or export such information to perform the Services.
(e) To the extent any Source Materials contain any information, software, data or other materials which are subject to export controls or restrictions, you agree to advise Lionbridge of same.
II. SITE CONTENT AND INTELLECTUAL PROPERTY
2.3 Copying or storing of the Content of the Site is expressly prohibited without the prior written permission from Lionbridge. Your use of the Services does not create a license or any other rights in Lionbridge trademarks, copyrights, patent rights, database rights, or sui generis rights, or any other intellectual property or proprietary rights of Lionbridge or its licensors.
2.4 All right, title, and interest in and to the material(s) You provide to Lionbridge or through the Site in order for Lionbridge to perform the Services (“Source Material(s)”) and, except as hereunder provided, the Deliverable(s) (defined below) upon payment to Lionbridge in full for such Deliverables, and any and all patent rights, copyright, know-how, and trade secrets therein are and remain Your sole and exclusive property.
2.5 With respect to materials licensed by Lionbridge from a third party and contained in the Site (“Third Party Software”), you acknowledge and agree that:
2.5.1 any Third Party Software is copyrighted and licensed, and not sold, and Lionbridge does not pass title to such code;
2.5.2 the suppliers of the Third Party Software disclaim all implied warranties, including the implied warranties of non-infringement, merchantability and fitness for a particular purpose;
2.5.3 You are prohibited from copying any Third Party Software, from preparing any derivative works, or from modifying the Third Party Software;
2.5.4 You may not assign, sublicense (except as specifically permitted by this Agreement), distribute (except as specifically permitted by this Agreement), lease, rent, or otherwise transfer the Third Party Software;
2.5.5. You are prohibited from reverse assembling, reverse compiling or translating the Third Party Software; and
2.6 Any localization tools developed by Lionbridge to perform the Services shall be owned by Lionbridge.
2.7 You acknowledge and agree that the Deliverables may incorporate works owned by third parties including but not limited to run-time libraries and DLLs (“Third Party Content”), and all Rights in such works shall remain with their respective owners subject to any rights or applicable licenses (i) Lionbridge may have to pass along to You, or (ii) that such third parties may grant directly to You, to utilize the Third Party Content.
III. SERVICES OFFERED ON THE SITE
3.1 The Services offered on the Site include localization services and translation services.
3.2 You can request a localization or translation project by uploading and submitting Source Material(s) to the Site. The final localized or translated version of such Source Material(s) will be referred to as a Deliverable (the “Deliverable”).
IV. DISCLAIMERS APPLICABLE TO ALL SERVICES, PRE-EXISTING WORKS, DELIVERABLES AND USE OF THE SITE AND ITS CONTENTS
4.1 THE SITE AND ITS CONTENTS, THE SERVICES, ANY SOURCE CODE, THE PRE-EXISTING WORKS, THE DELIVERABLES AND ANY OTHER MATERIALS PROVIDED BY LIONBRIDGE OR THIRD PARTIES THROUGH THE SITE, OR AS A RESULT OF THE SERVICES, ARE PROVIDED ON AN “AS IS” BASIS. LIONBRIDGE MAKES NO, AND EXPRESSLY DISCLAIMS ANY, REPRESENTATIONS, CONDITIONS OR WARRANTIES, EXPRESS OR IMPLIED, PAST OR PRESENT, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS AS TO MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OF THE SITE, SERVICES, PRE-EXISTING WORKS OR DELIVERABLES, OR OF QUALITY, PRODUCTIVENESS OR ACCURACY, OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING, WITHOUT LIMITATION, THE ACCURACY, TIMELINESS OR USEFULNESS OF ANY OF THE CONTENT, MATERIALS, TRANSLATIONS OR SERVICES PROVIDED THROUGH THE SITE EVEN IF LIONBRIDGE HAS BEEN ADVISED OF SAME BY YOU. LIONBRIDGE ALSO EXPRESSLY DISCLAIMS THE APPLICATION OF ANY PROVISIONS OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS (ALSO COMMONLY REFERRED TO AS THE VIENNA CONVENTION) AND ANY LAWS INTENDED TO INCORPORATE THE PROVISIONS OF SUCH CONVENTION INTO LOCAL LAWS.
4.3 LIONBRIDGE MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE, EXPRESS OR IMPLIED, ABOUT THE LOCALIZATION OR TRANSLATION SERVICE, INCLUDING, WITHOUT LIMITATION, AVAILABILITY, ACCURACY, COMPLETENESS OR TIMELINESS OF ANY LOCALIZATION OR TRANSLATION. LIONBRIDGE DOES NOT WARRANT THE AVAILABILITY OF THE LOCALIZATION OR TRANSLATION SERVICE AS SUCH OR FOR ALL LANGUAGE PAIRS AT ALL TIMES. LIONBRIDGE DOES NOT ASSUME ANY RESPONSIBILITY FOR ENSURING THAT ANY DELIVERABLES COMPLY WITH LOCAL LAWS OR WILL BE COMPLETELY FREE OF ERRORS. LIONBRIDGE MAKES NO WARRANTY THAT USE OF THE DELIVERABLES OR USE OF ANY INFORMATION RELATING THERETO OR CONTAINED THEREIN SHALL NOT INFRINGE ANY PATENT, COPYRIGHT, OR TRADE SECRET OR ANY OTHER PROPRIETARY RIGHT OF ANY THIRD PARTY. YOUR CHOICE TO RELY UPON LIONBRIDGE SERVICES IS AT YOUR OWN RISK.
4.4 Lionbridge assumes no liability or responsibility for errors, omissions or ambiguities in the translations provided through its machine translation tool on this Site. In no event is Lionbridge liable for any damages whatsoever arising out of Your use of the machine translation services on this Site, including direct, indirect, incidental, consequential or punitive damages.
4.6 Nature of translation:
(a) You agree that a translation is of such complexity that it might have inherent differences, and You accept that a perfect translation of a word or sentence might be impossible. Lionbridge shall translate specialized terms by their usual and conventional meanings or using appropriate glossaries supplied by You, and otherwise make decisions based on Lionbridge standard translation procedures. Technical considerations may dictate variations between original and translated documents. Lionbridge will use its judgment in the selection of terminology in a given field.
(b) A translation reflects the quality of the original written material. Where concepts are poorly expressed in the Source Material(s), where the wrong choice of language has been made, where typographical mistakes are present, or where the text is incomplete or factually incorrect, the same inadequacies will appear in the translation.
V. DIGITAL MILLENNIUM COPYRIGHT ACT COMPLIANCE POLICY
It is our policy to promptly respond to claims of copyright infringement. If You believe that an infringing copyrighted work is accessible on this Site, You may notify our registered copyright agent by sending the following information to the address listed below:
1. The signature of a person authorized to act on behalf of the owner of the copyright. This signature can be physical or electronic;
2. A statement that this person is authorized to act on behalf of the copyright owner;
3. A statement that this person has a good faith belief that the use of the material in the complained-of manner is not authorized either by the copyright owner, by the owner's agent, or by law;
4. A description of the copyrighted work that You claim has been infringed;
5. A description of where the material that You claim is infringing is located on the Site; and
6. Your address, telephone number, and e-mail address.
We ask that You place the term “Notice of Infringement” in the subject line of all such notifications, and send the notification to: email@example.com
We will process and investigate all notices of alleged infringement as required by the Digital Millennium Copyright Act (“DMCA”), and will, in accordance with the requirements of the DMCA, remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity. When we remove or disable access to any material claimed to be infringing, we may attempt to contact the user who posted such material in order to give that user an opportunity to respond to the notification. If the user posting the material gives a counter-notification claiming that the use is authorized, we will furnish that counter-notification to the complaining party, and will give the complaining party an opportunity to seek judicial relief under the DMCA before we replace or restore access to any materials.
6.1 It is strictly forbidden to link directly to the Services offered on the Site, without the express written permission of Lionbridge. A hyperlink to the general URL for the home page of the Site shall be permitted, provided You do not infringe Lionbridge's proprietary rights and You abstain from deep-linking or any other unlawful reference. Framing the Site with links, advertisements and/or other information not originating from the Site is expressly prohibited.
6.2 If you contract with Lionbridge via e-mail, or more generally via a computer network, or any other similar means of communication, you acknowledge that these means of communication possess, notably in terms of evidentiary force, the same validity as that conferred by a writing in a hard copy. You agree not to challenge the enforceability of any contract made with Lionbridge by reason that such contract was made using e-mail, a click-through process or through other electronic means.
Copyright © 2006-2012. Lionbridge Technologies, Inc. All rights reserved. Lionbridge, Freeway, GeoFluent and Translation Workspace are trademarks of Lionbridge Technologies, Inc. in the United States and/or other countries. Microsoft and the Passport sign-in and sign-out logos are either registered trademarks or trademarks of Microsoft Corporation in the United States and/or other countries. All other trademarks are registered trademarks or trademarks of the owner of the Third Party Software.