- TranslateOK is a Website service created in order to mediate between freelance translators ("Service Providers") and translation buyers ("Service Buyers") through the Internet. If you wish to be registered, engage in transactions with other Members and use the Services, available at the Website, read the following conditions and confirm your consent.
- This is a legal Agreement ("Agreement") between you and TranslateOK Ltd (the "Owner"), which will apply to you in respect of any and all Services offered by or acquired (the "Services") from the TranslateOK Website (the "Website"). This Agreement sets forth the Terms and Conditions governing the access and use of our Website.
- This Agreement may be changed at any time by the Owner. It is the sole responsibility of the User to check, from time to time, the current version of the Agreement. The User waives any claim regarding this issue.
- 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 do not provide TranslateOK with any information and do not use TranslateOK Services or this Website. Your continued use of TranslateOK 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 e-mail, languages you know, 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.
The Owner and you may terminate this Agreement at any time, for any reason whatsoever, effective upon sending written notice to the other party by electronic message (i.e. e-mail). The corresponding decision by the Owner takes effect at the moment of sending such a notice to the electronic address, provided by you during registration, or to any other email address, provided by you to TranslateOK. If you send a notice of termination, the corresponding decision by the Owner takes effect within several days. Your Membership shall concurrently terminate, without an obligation to make a payment, rebate or refund on the part of the Owner.
The Owner does however reserve the right to suspend or terminate your Membership at any time, without notice, if you breach this Agreement or any other Terms and Conditions posted on the Website from time to time.
- The Owner assumes no responsibility whatsoever for your use of the Website and/or Services. It is for your sole, personal use and you may not distribute your User name and password allowing others to use the Services through your Membership.
- You will not hold the Owner responsible for the Services provided by the Service Providers, including translation provided by the Service Providers. You acknowledge that TranslateOK is not a traditional translation service. The Owner is not involved in the actual transaction between Service Buyers and Service Providers. The Owner has no control over and does not guarantee the accuracy, quality, safety or legality of the translations provided by the Service Providers, the truth or accuracy of Service Providers' language skills, the ability of Service Providers to translate accurately, or that a buyer or seller will actually complete a transaction.
- You acknowledge and agree that the Owner is not liable for any loss or damage which may be incurred by you as a result of the Services, or as a result of any reliance placed by you on the accuracy or completeness of the translations provided you by the Service Providers.
- Use of the Services is strictly prohibited to minors or any person under the legal age in his or her country and prohibited to any person under the age of 18. If you misrepresent your age, your registration as a Member will be cancelled. By using the Website, you confirm and guarantee that you meet age restrictions requirements.
- TranslateOK uses industry standard efforts, such as firewalls, to safeguard the confidentiality of your personally identifiable information. However, as all security measures are subject to possible circumvention, we cannot and do not provide any guarantees regarding the effectiveness of the security we employ or our ability to prevent third parties, acting unlawfully, from obtaining information that you provide to us. The Owner cannot and does not guarantee that any personally identifiable information provided to us will not become public under any circumstances. You should appreciate that all information submitted on the Website might potentially be publicly accessible. The Owner cannot ensure that your identity, telephone number, work or home address and other personal identifying or contact information will not be discovered by other Users of the Website. Important and private information should be protected by you. The Owner encourages all Users to maintain a pseudonymous identity when using the Services provided by TranslateOK or any other public aspects of the Website.
- We use your personal information to provide the Services we offer: Your profile, language skills and User name are displayed in order to facilitate User interaction and for purposes of our matching Services. With the exception of inviting friends and certain notifications, a User email address is not shared or displayed.
- Members may communicate between themselves using TranslateOK translation project pages, without disclosing their email addresses, PayPal User names or any other method of communication, including phone, ICQ, AIM, MSN Messenger, Google Talk, etc.
- To facilitate searching and finding Service Providers on the Website, TranslateOK allows Members to submit their translation requests using public projects boards. Please remember that any information that is disclosed in the course of using the Services provided by TranslateOK and/or participating in any of the public pages available via the Website becomes public information; accordingly, you should exercise caution when deciding to disclose your personal information.
- To facilitate searching and finding Service Buyers on the Website, TranslateOK allows Members to search for translation projects using public projects boards. Please remember that any information that is disclosed in the course of using the Services provided by TranslateOK and/or participating in any of the public pages available via the Website becomes public information; accordingly, you should exercise caution when deciding to disclose your personal information.
- We may use personal information for auditing, research and analysis to operate and improve the Services we offer.
- We will not share your information with third parties, with the exception of the following:
- We may provide information to Service Providers to help us bring you the Services we offer. Our Service Providers may have access to your personal information for use in connection with business activities.
- We may be required to disclose customer information pursuant to lawful requests, such as subpoenas or court orders, or in compliance with applicable laws. Additionally, we may share account or other information when we believe it is necessary to comply with law or to protect our interests or property. This may include sharing information with other companies, lawyers, agents or government agencies.
- If the Ownership of all or substantially all of the TranslateOK business or assets were to change, your User information would likely be transferred to the new Owner(s).
- We may share with, or disclose or sell to, third parties aggregated information which does not reference individually identifiable Users.
- If you do not want to receive promotional email from TranslateOK, please submit a request by emailing us at firstname.lastname@example.org. We will make reasonable efforts to implement any choice you make as soon as possible; provided, however, The Owner reserves the right to send you certain communications relating to the TranslateOK Services, such as service announcements and administrative messages without offering you the opportunity to opt out of receiving them.
- This Website may contain links to other websites. The Owner is not responsible for the Terms and Conditions including the privacy practices of other Websites. We encourage our Users to be aware when they leave our Website and to read the statements of each and every Website that collects personally identifiable information.
- TranslateOK Users may modify or remove any of their personal information at any time by logging into their account. For technical reasons, any modifications or deletions which you request may take a short period of time to take effect. If you change or delete any of your personal information, TranslateOK will remove the old or deleted information from public view; however, as noted in Section 6 above, we may keep such information archived indefinitely.
Description of Services and Payments
- TranslateOK offers a wide range of tools, content, products, Services, benefits, and other resources on its TranslateOK Website of particular interest to freelance translators and to enable freelance translators to efficiently and cost effectively manage their careers, professions, and businesses.
- Service Provider has to stand service rules, including but not limited to time limits to finish each project undertaken and Service Buyer acceptance of translated results, in order to be credited with word credits. The word credits will be added to the Service Provider account 72 hours after the Service Buyer accepted the translated results, if complains were not received from the Service Buyer regarding the services provided by the Service Provider.
- The Owner will pay a Service Provider if the Service Provider Member requests it AND his/her word credit is equal to or greater than 250 words. The payment will be executed at least 48 hours after the Service Provider request. The payment will be executed via PayPal only. All payments will be made in US funds. The Owner reserves the right to suspend a payment if the source of the funds is suspected to be fraudulent. Any funds received from an account having made a fraudulent deposit (e.g. stolen credit card) will be reversed immediately. If in a fraudulent payment situation a payment has already been processed, you will be expected to return the funds to TranslateOK account. Failing which shall be considered a breach of this Agreement. Without derogating from your obligation to return the funds you shall face account termination.
- Any Member of the Website that The Owner removes from the Website due to violation of the Terms and Conditions will receive no credit or payment.
- Any disputes regarding arrangements between Service Providers and Service Buyers will be resolved by the Owner solely.
- You hereby release the Owner from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, related to such a dispute.
- You acknowledge and agree that the Owner is not liable for any loss or damage which may be incurred by you as a result of the Services, or as a result of any reliance placed by you on the accuracy or completeness of the translations provided by the Service Providers.
Access and Proprietary Rights
- So long as you comply with this User Agreement, you are authorized to access, use and make a limited number of copies of information and materials available on this Website only for purposes of your personal use. Any copies made by you must retain without modification any and all copyright notices and other proprietary marks. The pages and content on this Website may not be copied, distributed, modified, published, or transmitted in any other manner, including use for creative work or to sell or promote other products. Violation of this restriction may result in infringement of intellectual property and contractual rights of The Owner and could result in substantial civil and criminal penalties. TranslateOK and other identifying marks of TranslateOK are proprietary to the Owner. You may not use these marks for any purpose without the express prior written consent of the Owner. Except as expressly set forth above, User Agreement does not grant you any express, implied or other license or right under any patent, trademark or copyright of TranslateOK.
- The contents of this Website are protected by copyright and may not be copied or otherwise reproduced without The Owner 's written permission except as expressly set forth above. Users/ Members may not publish or create derivative works from the contents of this Website for any public or commercial purposes.
Member/User Representations and Warranties
- as a Member/User:
- You will only use the Website and the Services in a manner that is accepted and legal according to all applicable laws and regulations.
- You will adhere to our acceptable use policies and all other Terms and Conditions relating to your usage of the Services in respect of the Website, and will not transmit junk messages, advertisements or any type of solicitation whatsoever of any products or Services to any other Members of the Website.
- You are strictly prohibited from attempting to negotiate the fee for a project with another Member directly (outside of TranslateOK.com) after that project has been created/opened and before that project has been closed (basically, during an ongoing project). This also applies to any project that was closed without translation results delivered by the Service Provider. We believe our commissions are very fair and justified for the Services we provide, therefore we will absolutely not tolerate any of this activity on TranslateOK.
- You will not in any way copy, modify, publish, transmit, display, sell, distribute or reproduce copyrighted material, trademarks or other protected proprietary information without the express written consent of the Owner of such materials.
- By posting information or content to any public area of the Services, you automatically grant, and you represent and warrant that you have the right to grant the Owner and other Members an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
- Your use of the Services is strictly at your own risk and you are solely responsible for your contact, whether it be written, verbal or in person, with any other Member/User of the Website. The Owner and its officers, directors, employees, agents, affiliates and third parties assume no responsibility whatsoever for harm that may come to you as a result of your contact (of any form) with any other Member/User of the Website (including but not limited to emotional, verbal and physical abuse or assault)
- You will not communicate, publish or display to any other Member/User any form of defamatory, slanderous, offensive, inaccurate, abusive, profane, obscene, sexually offensive, threatening, harassing, racial, or illegal material, including but not limited to nude photos of yourself or others, pornographic photos or images and any other type of unlawful or unacceptable material, as decided by the Owner. The Owner reserves the right to remove any such material from the Website without notice.
- You will not engage in, and the Owner is not be responsible for, any form of harassment, offensive or abusive behavior of any kind whatsoever that may be harmful to any other Member/User of the Website (including but not limited to physical and emotional damage).
- You will not use the Website, Services or your profile for any purpose other than translation Services.
- Illegal and/or unauthorized uses of the Website, including collecting Usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email, forwarding commercial or other offers to other Members by this Website or by email or other means external to the Website, and unauthorized framing of or linking to the Website will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
- In order to protect our Members/Users from improper advertising or solicitation, and to maintain usage integrity on the Website, we reserve the right to restrict access by all Members to all or certain elements of the Services on a per-action basis, such levels to be determined in our sole discretion from time to time, whether determined in respect of a 24 period or otherwise.
- You agree that we reserve the right change any of the Terms, rights, obligations, privileges or institute new charges for access to or continued use of Services at any time, with or without providing such notice as the Website may determine appropriate. All changes will be posted online or may be emailed to you at the Owner's discretion, and you are responsible for reviewing the information and Terms of usage as may be posted regularly to obtain timely notice of such changes. Continued use of the Services or non-termination of your Membership after changes are posted or emailed constitutes your acceptance or deemed acceptance of the Terms as modified, regardless of whether the notice or email was successfully received, read, or lost during transmission.
- You will defend, indemnify, and hold harmless the Owner, Its officers, directors, employees, agents, affiliates and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees on a solicitor and his own client basis) relating to or arising out of your use of the Website or Services, including any breach by you of the Terms of this Agreement or other Terms and Conditions posted on the Website from time to time.
- Please note you may be involuntarily exposed to offensive or obscene materials that may have been posted by Members/Users, hackers or unauthorized Users from time to time. Please note that it is possible for others to obtain your personal information and use it to engage in an action that may be harmful to you or injure you. The Owner is not responsible for the use of any personal information that you choose to display, publish or distribute to other Members/Users.
- The Owner reserves the right but has no obligation, whether on the basis of complaints or on its own initiative, to monitor any messaging or other activity and the materials posted in the public areas of the Website, and to review usage, activity or the content of any messages, materials or other interchanges which are otherwise posted, sent or transmitted via the Website.
- The Owner shall have the right in its sole discretion to remove any material or profiles, regardless of whether the Owner determines that such materials or profiles violate, or are alleged to violate, the law or this Agreement.
- Notwithstanding the foregoing, the Owner does not undertake to monitor, control or edit any communications between its Members, and such communications may be offensive to you. You assume full responsibility and you assume all risk for the use of the Services, and you are solely responsible for evaluating the accuracy, completeness, and usefulness of all Services, products, communications, and other information.
- All communications between Members are at the Members/Users 's sole control and risk.
- In no event the Owner or its affiliates will be liable for any incidental, consequential, or indirect damages (including, but not limited to, any deaths, threats, torts or injuries committed by any other Users, damages for loss of data, loss of programs, cost of service interruptions or procurement of substitute Services) directly or indirectly arising out of the use or inability to use the Services, even if the Owner, his agents or representatives know or have been advised of the possibility of such damages. notwithstanding anything to the contrary contained herein, the liability to you by the Owner, its affiliates, 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 for the Services during the term of Membership.
- Under no circumstances will the Owner, or its affiliates be responsible for any loss or damage resulting from your use of the Website, your reliance on information or other content posted on the Website, or transmitted to Members.
- You will not use any automated collection mechanism or any manual process to monitor or copy the web pages comprising the TranslateOK Website or the content contained therein without the prior written permission of the Owner.
- You will not create multiple User accounts to avoid fees, suspension or bad ratings on TranslateOK.
- You will not contact Users or Members or freelance translators or translation companies through our Website or through information gained from our Website with the intent of subverting them from using our Services.
- as a Service Provider:
- You will not redistribute any of the content (information) on TranslateOK, including but not necessary limited to text submitted by Service Buyers, the translated results, private messages, documents.
- Neither the Owner nor its affiliates guarantee the accuracy, completeness, or usefulness of any information on the Website, and neither adopts nor endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made.
- The Services are provided on an "as is" basis without any warranties or conditions of any kind, express, implied, statutory, in all communication with the Owner, its affiliates or its representatives, or otherwise with respect to the Services.
- The Owner and/or its affiliates specifically disclaim any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Neither, the Owner nor its affiliates warrant that your use of the Services will be secure, uninterrupted, always available, or error-free, or will meet your requirements, or that any defects in the Website will be corrected.
- The Owner and its affiliates disclaim all liability, regardless of the form of action, for the acts or omissions of other Members or Users (including unauthorized Users, or "hackers") of the Website or Services.
Laws and Regulations
- This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Israel.
- Any disputes or legal proceedings arising out of or relating to this Agreement shall at the Owner's election be determined via arbitration under the jurisdiction of of Israel (pursuant to the arbitration act), or in the courts of the State of Israel.
Service Provider Non-Disclosure Agreement (NDA)
- You agree to keep all information - including but not limited to customer data, source text, content, source files, prices, agreed terms and the translation itself - secret both during the translation project duration and following its termination. This applies also to the existence and contents of this Agreement.
- How you obtain the information is of no consequence. The obligation to observe secrecy applies to all information acquired in the course of the translation project duration, by happenstance, or in the course of some other activity within the scope of the working relationship.
- Care shall be taken in particular to ensure that the aforementioned data and information are not seen or disclosed by employees, freelancers, other third parties, or family members. You are liable for all damages arising from breach of the obligation to observe secrecy, as well as for his/her own negligence.
- If it is necessary that you enter into direct contact with a customer of OneHourTranslation, you agree to keep confidential all such terms and other internal business information as exist between OneHourTranslation and you. You shall act in behalf of OneHourTranslation whenever he/she is in contact with a customer of OneHourTranslation.
- This obligation applies in particular to "Translation memories" (TMs) and glossaries provided by OneHourTranslation or the customer of OneHourTranslation. OneHourTranslation provides TMs and glossaries for use exclusively by you. The TMs and glossaries may be used only for orders placed by OneHourTranslation or its customer. The TMs and glossaries shall not be disclosed in full or in part to third parties in any way, irrespective of whether the TM or glossary is provided free of charge or for a fee. Third parties shall not be provided with or granted knowledge of any or all of the contents or structure of the TMs and glossaries. TMs and glossaries supplied by OneHourTranslation or its customer shall be deleted following termination of the relationship with OneHourTranslation (or with the end customer). Any changes shall be reconciled with OneHourTranslation and shall be added to the TM or glossary only with the consent of OneHourTranslation.
- Should there be any doubt as to the confidentiality of information, you agree to consult OneHourTranslation for clarification. If clarification cannot be obtained, it shall always be assumed that data or information are confidential.
- This Agreement does not apply to information that is already known, that is public, or that has been disclosed by third parties without a breach of confidentiality. It also does not apply to information that must be disclosed owing to legal provisions, final court decisions, or official directives. Insofar as legally permitted, however, you, if required to make disclosure, shall inform OneHourTranslation of the disclosure in advance or without undue delay, and shall make every effort to prevent the information from becoming generally known and to enter into an appropriate confidentiality agreement.
- You confirm that he/she has a professional liability for any financial losses arising from errors or omissions in translations, interpreting services, editing or proofreading work done in OneHourTranslation.
- All confidential information and its embodiments remain the property of OneHourTranslation and shall be returned, whether requested or not, at the end of the translation project duration or if preliminary business discussions with a customer do not result in an order. At the same time, retention, copying, and all forms of duplication of documents, data media, or other copies are forbidden.
- This Agreement contains the entire Agreement regarding the use of the Website and its Services.
- This Agreement may only be amended with the express consent of the Owner. Unless otherwise explicitly stated, the Terms will survive termination of your Membership to the Services. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
- Your profile information, as well as your photo, may be displayed to other Users of the Website. If you post personally identifiable information in areas of the Website accessible to other Users, you should be aware that such information can be read, collected, or used by other Users, and could be used improperly (including for example to send you unsolicited messages). We are not responsible for the personally identifiable information you choose to submit in these Website areas or for any damage that can be done as a consequence.
- This version of the Agreement was created on August 26, 2012.