Traducto Terms and Conditions
›General terms:
These terms explain who is involved in this agreement.Traducto is an application created to provide communication between translators (”Service Providers”) and translation buyers (”Application Buyers”) through the application. If you wish to be registered, engage in transactions with other members and use the application, available on the website or via the Apple app store, read the following conditions and confirm your consent.
This is a legal agreement (”Agreement”) between you and Visual Frames, LLC (the “Owner”), which will apply to you in respect of any and all applications offered by or acquired (the “applications”) from Traductoapp.com or the Apple app store (the “app store”). This Agreement sets forth the terms and conditions governing the access and use of our application, including the provision of translation services resulting in text documents (”Translated Works”) or app localization.
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 application and its translation services signifies the acceptance of the following terms and conditions. If you do not agree with these terms and conditions, please do not provide Visual Frames LLC with any information and do not use the Traducto applications or this Web site. Your continued use of Traducto applications or this Web site in light of changes to this statement or to the relevant principles will signify your acceptance of the changes.
When you register in the application you are asked to create your own account. Your account includes, but is not limited to, personal information such as your user name, your e-mail and general information you wish to disclose about yourself.
Upon successful registration, you become a member of the Traducto community (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”). The Traducto community includes the application and the website. 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.
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 Traducto. 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 applications. It is for your sole, personal use and you may not distribute your user name and password allowing others to use the applications through your membership.
›Age restrictions: You must be over 18 to use Traducto. Use of the services and application are 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 this application and services, you confirm and guarantee you meet age restriction requirements.
›Privacy Policy: When you order a translation through Traducto it will be viewable to a number of translators before they start working on the job.
Visual Frames LLC uses industry standard efforts, such as firewalls and encryption, 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.
TraductoApp.com 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 application and website might potentially be publicly accessible. TraductoApp.com cannot ensure that your identity, telephone number, address and other personal identifying or contact information will not be discovered by other users of the Web Site. Important and private information should be protected by you. TraductoApp.com encourages all users to maintain a pseudonymous identity when using the services provided by TraductoApp.com through the Traducto app or any other public aspects of the website.
We use your personal information to provide the services we offer: Your profile and user name are not displayed to translators.
With the exception of inviting friends and certain notifications, a user email address is not shared or displayed.
Members may communicate with Service Providers using Traducto app, without disclosing their email addresses, PayPal user names or any other method of communication. Never disclose your credit card information or PayPal account information directly to a Service Provider, provide the information in the order screen provided within the application.
TraductoApp.com may archive information, including personal information, you provide in the course of using our services and any other aspects of the Traducto Web site. We store that information on servers that are controlled by us or by third parties who have agreed to comply with our commitments made under this Privacy Policy and with whom we have a contractual relationship.
Archived information will not ordinarily be erased unless and until your entire account with Traducto is deleted, and even then we may retain some or all of your information on back-up files; provided, however, we assume no obligation or guarantee to archive any information and do not warrant that any archived information will later be made available to you.
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:
a. 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.
b. 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.
c. If the ownership of all or substantially all of the Traducto business or assets were to change, your user information would likely be transferred to the new owner(s).
d. 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 TraductoApp.com, please submit a request by emailing us at support @ traductoapp.com. We will make reasonable efforts to implement any choice you make as soon as possible; provided, however, Traducto reserves the right to send you certain communications relating to the Traducto service, such as service announcements and administrative messages without offering you the opportunity to opt out of receiving them.
This site may contain links to other websites. Traducto is not responsible for the terms and conditions including the privacy practices of other web sites. We encourage our users to be aware when they leave our site and to read the statements of each and every web site that collects personally identifiable information.
Traducto 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, Traducto 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: TraductoApp.com offers tools, content, products, services, and other resources in the Traducto application and through its website of particular interest to translators and buyers of translation services.
Service Providers are required to complete one or more tests to qualify to provide services to Service Buyers. Tests are judged by Traducto. Traducto’s decision is final. Upon failure of a test a service provider may re-take the test no less than 3 days later.
Service Buyers may enter and receive a quote for text translation into a number of languages from the Traducto application. Orders for translation are received into a database system where Service Providers may view and start translation jobs. On completion of a job, Service Buyers receive the translated text directly through the Traducto application. Sales are final. Traducto 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 Traducto account or face account termination and possible legal actions.
›Delivery: Any dates provided for delivery of the Translated Works, or the dates for carrying out the Services, are approximate only and, unless otherwise expressly agreed by us, 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 the Contract.
We will not be liable in any circumstances for the consequences of any delay in delivery or performance or failure to deliver or perform if the duration of the delay is not substantial or if the delay or failure is due to late delivery or performance or non-delivery or non-performance by suppliers or subcontractors, shortage of labour, an act of God, fire, inclement or exceptional weather conditions, industrial action, hostilities, governmental order or intervention (whether or not having the force of law) or any other cause whatever beyond our control or of an unexpected or exceptional nature.
Posting or delivery to a carrier (including post, facsimile, e-mail, Traducto application) for the purpose of transmission to you shall, for the purposes of the Contract, constitute delivery to you. Risk in the Translated Works shall pass to you on delivery.
We may deliver by installments in such quantities as we may reasonably decide; such installments shall be separate obligations and no breach in respect of one or more of them shall entitle the You to cancel any subsequent installments or repudiate this contract as a whole.
›Responsibility and Reliability:Once your order is accepted and the status of your translations is “In Progress”, the translation jobs cannot be cancelled.
The Services shall be carried out using reasonable skill and care in accordance with the standards of the industry.
We shall use all reasonable skill and care in selecting translators, interpreters and other personnel used to produce the Translated Works and perform the Services.
No terms, conditions or warranties, whether express or implied, about the quality or fitness for purpose of the Services or the Translated Works shall be incorporated unless expressly set out in the Contract.
We shall incur no liability to you for innocent or negligent misrepresentation by virtue of any statement made by or on behalf of us prior to the Contract, whether orally or in writing, and you shall not be entitled to rescind the Contract on the grounds of any such misrepresentation.
We do not warrant that the Translated Works will meet your specific requirements and, unless otherwise agreed, we do not warrant that the operation of any Translated Works sent to you will be uninterrupted or error free. Furthermore, we do not warrant that or make any representation regarding the use of the Translated Works in terms of their accuracy, correctness, reliability or otherwise.
You acknowledge that any Original Works and Translated Works submitted by and to you over the Internet cannot be guaranteed to be free from the risk of interception, even if transmitted in encrypted form, and that we have no liability for the loss, corruption or interception of any Original Works or Translated Works.
Save in respect of death or personal injury resulting from our negligence and subject to clause 5.8, our liability to you in respect of the provision of the Services and / or the Translated Works shall be limited as follows:
We shall not be liable for loss of profits, business, contracts, revenue, damage to your reputation or goodwill, anticipated savings, and or any other indirect or consequential loss or damage whatsoever.
Our entire liability to you under any Contract, including but not limited to in respect of the Services and the Translated Works, shall not exceed the price payable to us by you under the Contract to which any claim relates.
You must notify us within 3 days of delivery of the Translated Works of any claim arising out of the provision of the Services and /or the Translated Works, together with full details of such Claim. In any event, we shall not be liable to you if you fail to notify us of any Claim within a reasonable time of delivery of the Translated Works.
You must notify us within 3 days of delivery of the Translated Works of any alleged inaccuracies in the Translated Works, at which point our liability will be no more than to rectify any such alleged inaccuracies, that we feel to be justified, to our satisfaction. At no time will such allegations delay payment.
›Translated works are limited as follows: We shall not be liable for loss of profits, business, contracts, revenue, damage to your reputation or goodwill, anticipated savings, and or any other indirect or consequential loss or damage whatsoever.
Our entire liability to you under any Contract including but not limited to in respect of the Services and the Translated Works shall not exceed the price payable to us by you under the Contract to which any claim relates.
You must notify us within 3 days of delivery of the Translated Works of any claim arising out of the provision of the Services and /or the Translated Works, together with full details of any claim. In any event, we shall not be liable to you if you fail to notify us of any claim within a reasonable time of delivery of the Translated Works.
You still retain all intellectual property rights over the work.
All Intellectual Property Rights (including, but not limited to copyright) in the Original Works and the Translated Works shall vest in you (or your licensors) but, for the avoidance of doubt, you hereby grant to us (and our sub-contractors) a license to store and use the Original Works and the Translated Works for the duration of the Contract and for the purposes of providing the Services to you.
›Dispute Resolution: Traducto sales are final and non-refundable. Any disputes regarding the translation service will be dealt with on a case by case basis.
Access and Proprietary Rights
As 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 in this application only for purposes of personal use or with permission of any and all copyright notices and proprietary marks. Any copies made by you must retain without modification any and all copyright notices and other proprietary marks. The pages and content in this application and on the Traducto 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 Traducto and could result in substantial civil and criminal penalties. Traducto and other identifying marks of Traducto are proprietary to Visual Frames LLC. You may not use these marks for any purpose without the express prior written consent of Traducto. 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 Traducto.
The contents of this application and the website are protected by copyright and may not be copied or otherwise reproduced without Visual Frames LLC’s written permission except as expressly set forth above. Users may not publish or create derivative works from the contents of this website for any public or commercial purposes.
›User Representations and Warranties: As a user:
a. You will only use the application and website and the services in a manner that is accepted and legal according to all applicable laws and regulations.
b. 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 application and/or website, and will not transmit junk messages, advertisements or any type of solicitation whatsoever of any products or services to any other Users or Providers of the Service.
c. You are strictly prohibited from attempting to negotiate the fee for a project with another a Service Provider directly (outside of TraductoApp.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 service we provide, therefore we will absolutely not tolerate any of this activity on Traducto.
d. You are strictly prohibited from sending and/or soliciting personal information from the translators through Traducto.
e. 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.
f. You will not use the website, Services or your profile for any purpose other than translation services.
i. You agree that we reserve the right to 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 company 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.
j. 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.
l. You will not contact freelance translators or translation companies through our site or through information gained from our site with the intent of subverting them from using our services.
›Owner Responsibilities: 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 New York in the United States.
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 the courts of the state of New York in the United States.
›Miscellaneous:This version of the agreement was created on February 15, 2012.
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.