Keylingo, L.L.C. and Keylingo Franco, LLC (each, a “Keylingo Entity”) provide the Keylingo Translations websites, intranet, extranet and other on-line portals controlled by a Keylingo Entity to convey information to clients and prospective clients about Keylingo Translations’ translation and interpretation products and services and about the topics of translation and interpretation in general. Keylingo Franco’s independently-owned and operated Managing Directors (together with the Keylingo Entities, each a “Keylingo Party”) also provide Keylingo Translations microsites and possibly websites for the same purposes. (And those websites and microsites, together with the websites, intranet, extranet and other on-line portals controlled by a Keylingo Entity, are referred to herein as the “Keylingo Translations Websites.”)
This Keylingo Translations Websites Policy (this “Policy”) sets forth the terms and conditions applicable to persons or entities who use or attempt to use a Keylingo Translations Website (each a “User”). Article I provides some general terms, Article II addresses privacy, Article III addresses Postings, and Article IV advises Users how to provide feedback. If a User is unable or unwilling to accept the terms and conditions in this Policy, then please stop using or attempting to use any Keylingo Translations Website. By using or attempting to use a Keylingo Translations Website, each User acknowledges that this Policy constitutes the legal agreement between the User and the Keylingo Parties applicable to all uses or attempts to use any Keylingo Translations Website. This version of the Policy is effective as of February 28, 2013.
1. This Policy uses a few terms that warrant definition. The term “use” or “using,” as in using a Keylingo Translations Website, means each and every incident of access, display, viewing, browsing, copying, printing, sending, posting or submitting Content to, uploading or downloading Content to or from, exchanging data or otherwise communicating with or through, or otherwise interacting with any Keylingo Translations Website or any portion thereof, directly or indirectly, with or without a device. Further to the definition above, the term “Keylingo Translations Websites” means and includes each and every URL or internet address location owned or provided by a Keylingo Party (including without limitation each and every site or page within any or all of them and all backups, mirrors, replacements and substitutions thereof). The term “Content” means and includes design, drawings, specifications, text, graphics, images, videos, audios, data and other information, “look and feel”, legally protectable items such as trademarks, service marks and copyrightable material, and the selection and arrangement of any or all of them. Other terms are defined throughout this Policy.
2. All Content in, on or associated with a Keylingo Translations Website are the copyrighted works of a Keylingo Entity (on in certain cases, such as microsites, a Keylingo Translations Managing Director). The word, design and slogan marks displayed on Keylingo Translations Websites are (unless otherwise specified) service marks owned by Keylingo, L.L.C., which are licensed to Keylingo Franco, LLC and its Managing Directors.
3. User may copy, print or reproduce Content from a Keylingo Translations Website for purposes of doing business with a Keylingo Party or for other personal, non-commercial purposes. A User may not otherwise copy, print, reproduce, display, distribute, modify or publish any Content from a Keylingo Translations Website, without the prior written consent of a Keylingo Entity in each instance. A User may not alter, delete or conceal any notices or legends on any Keylingo Translations Content or circumvent any protective, security or rights management mechanism. When a User displays Content from a Keylingo Translations Website, the User must include a notice to the effect that the Content is used with permission and may not be further displayed or copied.
4. The Keylingo Translations Websites may contain various links to other web sites or Content. User agrees that the Keylingo Parties are not responsible for the availability of these outside resources or their Content (and User will direct any concerns regarding any external link or Content to the owners or administrators thereof). Further, links to a Keylingo Translations Website by third Persons must be deleted upon the request of a Keylingo Entity.
5. USE OF A KEYLINGO TRANSLATIONS WEBSITE OR CONTENT IS AT USER’S SOLE RISK. THE KEYLINGO TRANSLATIONS WEBSITES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. None of the Keylingo Parties makes any representation or warranty that any Keylingo Translations Website or Content is or will remain uninterrupted or error-free, that defects will be corrected or that the Keylingo Translations Websites (or the servers used in connection therewith) are or will remain free from any viruses, worms, trojan horses or other harmful components, or that any Content of or accessible from a Keylingo Translations Website is true, correct or error-free. The Keylingo Parties are not responsible for any damage to User’s equipment, software, hardware or Content. User is solely responsible for ensuring that User has in place appropriate software and hardware to protect User’s equipment, software, hardware and Content.
6. TO THE FULLEST EXTENT PERMITTED BY LAW, THE KEYLINGO PARTIES DISCLAIM ALL LIABILITY FOR LOSS, DAMAGE, COST AND/OR EXPENSE INCURRED IN OR IN CONNECTION WITH OR RESULTING FROM ANY USE OF A KEYLINGO TRANSLATIONS WEBSITE OR CONTENT. The entire collective liability of the Keylingo Parties, and a User’s exclusive remedy with respect to use of the Keylingo Translations Websites or Content, shall be User’s right to discontinue use of the Keylingo Translations Websites or Content. None of the Keylingo Parties shall ever be liable for any direct, indirect, incidental, special, exemplary, punitive or consequential damages arising from use of a Keylingo Translations Website or Content. In any jurisdiction in which these disclaimers and/or limitations are unenforceable, the aggregate liability of all Keylingo Parties shall not exceed $100.
7. Except as may be provided otherwise in writing, outside of this Policy, none of the Keylingo Parties warrants or guarantees any product or service offered through or described in a Keylingo Translations Website or Content. User shall not construe Posts made by Keylingo Parties (or any of their officers, directors, owners, employees, language-project managers, linguists, agents or other representatives) on a Keylingo Translations Website as client advice, and any Posts that could be so construed shall be non-binding.
8. Any Keylingo Entity may discontinue, suspend or terminate the right of any User to Use a Keylingo Translations Website (including the right to make any Postings thereto) at any time for any reason (or for no reason).
9. User hereby indemnifies and agrees to defend and hold harmless all Keylingo Parties and all of their officers, directors, owners, employees, language-project managers, linguists, agents and other representatives (collectively, the “Indemnified Parties”) from and against any and all liability and costs (including attorneys’ fees and expenses) incurred by an Indemnified Party in connection with any claim arising out of (or alleged to arise out of) any User’s use of a Keylingo Translations Website or Content or any breach by User of this Policy. User shall cooperate as fully as reasonably required in the defense of any such claim. The Keylingo Entities reserve the right to assume the exclusive defense and control of any matter subject to such indemnification.
10. Following notice from a User or other person or entity (each, a “Person”), the Keylingo Entities will act expeditiously to remove Content that is shown to infringe the copyright or trademark of another Person. Please present a claim for copyright or trademark infringement to M. Stuart Sutherland, EVP/CLO, at [email protected] The claim must include sufficient information to identify the rights being infringed, the Content that is infringing, the identity of the claimant, the authority of the claimant and other matters requested by a Keylingo Entity (and the same must be submitted under oath and penalty of perjury). Reports of other inappropriate Content on a Keylingo Translations Website should also be reported to the named individual.
11. This Policy and any Use of a Keylingo Translations Website or Content shall be construed, governed by and enforced under the substantive laws of Georgia (without giving effect to any conflict of laws principles that would suggest a different result). This Policy constitutes the entire agreement of the Keylingo Parties with each User regarding the subject matter hereof, supersedes all prior and/or inconsistent understandings, and may be modified only in a writing signed by a Keylingo Entity.
12. The Keylingo Entities reserve the right (but do not have an obligation) to change, add to or delete from the terms and conditions provided in this Policy at any time. If User uses a Keylingo Translations Website or Content after the effective date of any such changes, additions or deletions. then the new version of the Policy shall apply.
1. The Keylingo Parties respect and are committed to protecting the privacy of Users. However, to use or participate in certain features of the Keylingo Translations Websites, Users may have to provide specific information, such as name, mailing address, telephone number, e-mail address and/or other information specific to the User. A User is not obligated to provide any of this information, but if a User declines, then User may be unable to use or participate in those features.
2. The Keylingo Parties will not knowingly or intentionally collect personally identifiable information about a child. The Keylingo Parties comply with the Children’s Online Privacy Protection Act.
A. to improve the Keylingo Translations Websites and Content by analyzing and/or determining which of our areas, features and services are of most interest to Users;
B. to notify Users about changes to the Keylingo Translations Websites or about products, services, promotions or other activities that Users might find valuable or useful;
C. to respond to Users’ inquiries about customer service, product or service purchases or franchise opportunities; and
D. to tailor translation and interpretation services (or proposals therefor) to the perceived needs of Users.
The Keylingo Translations Websites may allow a User to register, create a profile or account, enable submission, display, entry, exchange, transmission or communication of Content (each, a “Post” or “Posting”). Each User who Posts any Content to a Keylingo Translations Website, whether in response to a Posting by a Keylingo Party or a third Person, agrees that the following terms and conditions shall apply to the User’s Posts:
1. By making a Post to a Keylingo Translations Website, User represents that User has the right to make the Post (and that the Posting does not violate any law or regulation) and consents to display of the Post or a portion thereof on any Keylingo Translations Website and for related online and offline promotional purposes.
A. is libelous, defamatory, disrespectful, obscene, pornographic, abusive, hateful, repetitive, illegal, etc.;
B. discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc.;
C. constitutes a personal attack or violates any personal rights of any Person; or
D. infringes on or plagiarizes any copyright, trademark or other proprietary right or breaches any confidentiality agreement or other contract.
2. User represents and warrants that (i) none of the Content that User Posts to any Keylingo Translations Website is or will be inconsistent with the foregoing prohibitions, and (ii) User is at least thirteen years old.User understands and agrees that neither the User’s identity nor the User’s Posts are confidential or anonymous. Users should always identify themselves and their affiliations when making Posts to a Keylingo Translations Website. A User will not impersonate any other Person in Posting to a Keylingo Translations Website.
3. User will not use a Keylingo Translations Website in a commercial manner (precluding for example any Post of Content that contains any advertising or any solicitation of or for goods, services or funds).
4. User will not use a Keylingo Translations Website for Posting malicious code (such as viruses, time bombs, worms, trojan horses or spyware) or to interfere with or damage the functionality of any software or hardware or of a Keylingo Translations Website. User’s Postings must not modify, disrupt or otherwise interfere with the Use of the Keylingo Translations Websites. User will not collect, compile, transmit, delete, revise, view, or display any Content from or through a Keylingo Translations Website, whether personally identifiable or not, except as expressly permitted by this Policy (including in particular Content Posted by another Person that is intended or expected to be unavailable to the public).
5. User warrants that User owns all rights and interests (including copyright, trademark and other proprietary rights) in and to all Content that User Posts to any Keylingo Translations Website and, without limiting the generality of the statement, that User has procured all author, photographer, model and other releases necessary to make the statement true.
6. The Keylingo Parties have no obligation to screen, verify, review for accuracy or completeness or otherwise to monitor any Postings to any Keylingo Translations Website. User is solely responsible for the Content of any Post that User makes to a Keylingo Translations Website, and none of the Keylingo Parties endorses any User’s Postings. The Keylingo Entities reserve the right to delete, remove, move or edit any Post for any reason (including breach of this Policy) or for no reason, to report and provide information to regulatory and law enforcement agencies, and/or to take other actions not prohibited by law.
7. User grants to all Keylingo Parties a perpetual, nonexclusive, world-wide, royalty free, sub-licensable license to all Content that User Posts to a Keylingo Translations Website (whether Posted directly or through a third Person), which includes without limitation the right for any Keylingo Party (or any of their officers, directors, owners, employees, language-project managers, linguists, agents or other representatives) to use, copy, transmit, excerpt, modify, publish, distribute, display, create derivative works of, host, index, cache, tag, encode, modify and/or adapt (in any form or media) any such Content, on-line or off-line, and waives any and all rights to the contrary. Without limiting the generality of the previous sentence, a Keylingo Party may republish any and all Content in other formats or in other venues, on-line or off-line.
The Keylingo Entities welcome the submission of comments, information, questions or feedback through a Keylingo Translations Website. The same should be submitted to M. Stuart Sutherland, EVP/CLO, at [email protected] and shall be subject to the terms and conditions set forth in this Policy
Copyright © February 2013 Keylingo, L.L.C. and Keylingo Franco, LLC All Rights Reserved.