The following Terms and Conditions constitute a legally binding agreement (the "Agreement") between you ("You" or the "Client") and Language Engineering Company, LLC. ("LEC") regarding subscriptions to our website ("Site"). The Agreement constitutes the entire agreement between the parties and supercedes all prior agreement between the parties regarding the subject matter contained herein.
BEFORE YOU CHOOSE TO CLICK THE REGISTER BUTTON ON THE REGISTRATION PAGE, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY CHOOSING TO CLICK THE REGISTER BUTTON YOU ARE REPRESENTING THAT YOU ARE OVER THE AGE OF 18 AND HAVE THE CAPACITY AND AUTHORITY TO BIND YOURSELF TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT OR DO NOT REPRESENT THE FOREGOING, DO NOT CLICK THE REGISTER BUTTON AND DO NOT USE THE SERVICES CONTAINED ON THIS SITE.
The Services offered are Automatic Translation Services in which translation is conducted by software and technologies available on the website, without any human intervention.
You may not, without express written permission from LEC, mirror the pages available on the website or any results pages thereof on your website or on any device that allows Internet access, including, without limitation, Personal Digital Assistants (PDA's) or mobile phones.
You understand that LEC does not review the Source Material(s) translated through the Service. You assume sole and exclusive responsibility for use of the Service. By way of illustration only, and in no way limiting of the foregoing, LEC is not responsible for any defects and/or risks that exist in the Service, or any resulting loss or problems associated with any such defects or risks. Such defects and/or risks include, without limitation, the risk of loss of Source Material(s) sent over the Internet, the lack of confidentiality of material sent over the Internet, and the inaccuracy of translation rendered by the Service.
LEC will not provide assistance, including any technical or customer support, in the use of the Service, and your use of the Service is at your own risk. The Service is provided "AS IS" and in accordance with the disclaimers set forth in Section XIV below.
LEC requires Subscribers to give contact information for the Client. LEC may also collect personally identifiable information at other times. LEC uses the personal data information for two general purposes: (i) to fulfill your requests for certain products and translation services, and (ii) to contact You about special offerings and new products or services. If You choose to opt out of receiving non-essential communications from us, please e-mail us at firstname.lastname@example.org. LEC may send personally identifiable information to other persons or entities when (a) LEC has your consent to share such information, (b) LEC needs to share your information to provide a product or service You have requested, or (c) LEC needs to respond to a court order or is otherwise required to do so by law.
A Member may amend, rectify or remove such personal data, by sending an email to email@example.com.
Payment can only be made by a valid credit card. Payment functionality and encryption is handled by CyberCash™ CashRegister. Your subscription will be automatically renewed until you send an email to firstname.lastname@example.org directing LEC to discontinue your subscription.
LEC has the right to sue the registered user for any use of a fraudulent credit card number on its site.
All rights to the Content (defined herein) and Services are exclusively reserved to LEC. You acknowledge that the website may contain information, communications, software, photos, text, video, graphics, music, sounds, images, methodologies, innovations, know-how, databases and other material and services ("Content"), which are provided by LEC or by licensors of LEC. You agree and acknowledge that the Content and its use, and the use of this Site, are protected by copyright, trademark, and other intellectual property laws, that these rights are valid and protected in all media now existing or later developed, and that except as specifically provided for in this Agreement, your use of the Content shall be governed and constrained by applicable copyright, trademark and other intellectual property laws.
The website is protected by copyright, pursuant to United States copyright laws, international conventions and other copyright laws. Except as set forth in this Agreement, You may not, in whole or in part, modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in this section of the Terms and Conditions), create derivative works from, distribute, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the Content, software, or materials used in connection with the website.
All right, title, and interest in and to the material(s) You provide to or through the LEC website ("Source Material(s)") and, except as hereunder provided, the Deliverable(s) (defined above), and any and all patent rights, copyright, know-how, and trade secrets therein are and remain your sole and exclusive property. By submitting Source Material(s), You hereby grant to LEC, or warrant that the intellectual property rights owner grants, a non-exclusive license to modify, adapt, translate, exhibit, publish, transmit, reproduce, create derivative works from, distribute, perform, display or otherwise use the Source Material(s) in the course of performing the Services.
By using the Services hereunder, You hereby:
Represent and warrant that You are at least 18 years of age and possess the legal authority to enter into this Agreement and agree with all Terms and Conditions herein. You agree to supervise any and all usage by minors under your name or account. You also represent and warrant that all information supplied by You is true and accurate. Any and all speculative, false or fraudulent information is prohibited, without limitation. You agree that the subscription shall be used only for legitimate and lawful purposes by You.
Represent and warrant that You own or are the authorized licensee of the Source Material(s) (defined above) and all components thereof, and that reproduction, translation, adaptation, and transmission of the Source Material(s) by LEC shall not infringe upon any copyright, trademark, patent, or other right of any third party.
By submitting any Source Material(s), You thereby represent and warrant that the owner of such Source Material(s) has expressly granted to LEC the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, 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.
By using the Services, You agree not to upload to, distribute, or otherwise publish through the Site, any Source Material(s) that is harassing, abusive, threatening, libelous, defamatory, obscene, pornographic, profane, sexually explicit, or otherwise violative 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 in any manner impersonate anyone else or misrepresent your true identity.
Represent and warrant at all times that the Source Material(s) You upload to the LEC servers will be free from infection or viruses, worms, Trojan horses or other destructive code.
You must keep confidential and not send or disclose your username or password to anybody other than LEC. You accept and assume total responsibility for all aspects of use of the Services by all persons using your username and password.
LEC reserves the right in its sole discretion to refuse to provide the Services at any time.
You agree that LEC may suspend or deny further access to the Site or the Services for any reason whatsoever, or for no reason at all, including, without limitation, violation of these Terms and Conditions. You are not entitled to a credit or refund for loss of access during the suspension period.
THE LEC WEBSITE, THE SERVICES, AND ANY OTHER MATERIALS PROVIDED BY LEC OR THIRD PARTIES ARE PROVIDED "AS IS." LEC MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OF THE SITE OR SERVICES, 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.
LEC SHALL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGE, OR ANY LOSS INCURRED IN CONNECTION WITH YOUR USE OF THE SITE OR, OR ANY DAMAGE OR LOSS DUE TO INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN PERFORMANCE, OR DELIVERY OF TRANSLATIONS, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF LEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
LEC'S MAXIMUM LIABILITY ARISING OUT OF THIS AGREEMENT, WHETHER BASED UPON WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORY, SHALL NOT IN ANY EVENT EXCEED THE ACTUAL PAYMENTS RECEIVED BY LEC IN CONSIDERATION OF A SPECIFIC TRANSLATION JOB.
You hereby agree to indemnify, defend and hold harmless LEC and its past and present officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability or costs incurred by the Indemnified Parties in connection with any and all actions, claims, suits, demands, liabilities, costs or expenses arising out of or in any way connected to any breach by You, or by any other person using your Subscription identification, of these Terms and Conditions, or otherwise arising from the use of the Subscription services, including, without limitation, reasonable attorney fees. You agree to defend, indemnify and hold harmless LEC from any and all costs, expenses, liabilities, actions or fines arising out of, or in any way connected with, the materials, texts, documents, software or other items delivered to LEC under a specific translation job. You shall cooperate as fully as reasonably required in the defense of any claim. LEC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You.
Claims of infringement should be in writing and should be directed to LEC as specified below. You should include the following information in the written notice.
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notice, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit LEC to locate the material.
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be covered.
A statement that the complaining party has a good faith belief that use of the material in the matter complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
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:
We will process and investigate all notices of alleged infringement as required by law and will remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity.
It is strictly to forbidden to link directly to the Services offered on the website, without the express written permission of LEC. A hyperlink to the general URL "www.lec.com" shall be permitted, provided You do not infringe LEC'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.
Subscribers may use the feedback form to report feedback concerning the service in general.
Neither party shall be liable for failure in the performance of any of its obligations under this Agreement if such failure is caused by circumstances beyond the control of the party affected. Strikes or other labor difficulties that are only capable of being terminated on terms reasonably unacceptable to the party affected shall not be considered circumstances within the control of such party.
The Client who contracts with LEC via e-mail, or more generally via a computer network, or any other similar means of communication, acknowledges 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.
The obligations of the parties under this Agreement, which by their nature would continue beyond the termination or cancellation of this Agreement, shall survive such termination or cancellation.
If any part of this Agreement is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect.
The failure of either party to insist, in any one or more instances, upon the performance of any of the Terms or Conditions of this Agreement, or to exercise any right hereunder, shall not be construed as a waiver of the future performance of any such term or the future exercise of such right.
LEC reserves the right to change the Terms, Conditions, and notices under which the Site is offered at any time. Such modifications shall be effective immediately upon posting. You agree to review the Agreement periodically to be aware of such modifications, and your continued access or use of the Site or Services shall be deemed to be your acceptance of the modified agreement.
This Agreement shall be governed by the laws of the Commonwealth of Massachusetts, United States of America. Use of the LEC website Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms and Conditions, including, without limitation, this paragraph.
LEC is a trademark of LEC in the United States and/or other countries. CyberCash is either a registered trademark or trademark of CyberCash, Inc. in the United States and/or other countries.