King Translate End user license agreement
THESE TERMS MAY BE MODIFIED BY KINGTRANSLATE AT ITS SOLE DISCRETION AT ANY TIME WITHOUT NOTICE TO YOU BY POSTING REVISED TERMS ON THIS WEBSITE. SUCH MODIFICATIONS SHALL BECOME EFFECTIVE IMMEDIATELY UPON POSTING SUCH TO THE WEBSITE. CONTINUED USE OF THE WEBSITE OR SOFTWARE CONSTITUTES YOUR BINDING ACCEPTANCE OF ANY MODIFICATIONS HERETO, YOU SHOULD VISIT THIS PAGE PERIODICALLY. THESE TERMS WERE LAST MODIFIED ON APRIL 23, 2012. SHOULD YOU HAVE ANY QUESTONS PLEASE CONTACT US AT INFO@KINGTRANSLATE.COM.
1. CONTENT OWNERSHIP AND PROPRIETARY RIGHTS
The Website and its contents, including the Software ("Content") are protected by copyright and other intellectual property laws and may not be copied or imitated in whole or in part, unless as explicitly stated under these Terms. All trademarks, service marks, trade dress and other intellectual property rights, including but not limited to copyrights, neighboring rights, moral rights and mask works, and all derivative works thereof associated with the Website and the Content are the sole property of KingTranslate and its affiliates and partners. The Content may also be protected as a collective work or compilation under U.S. copyright and other laws and treaties. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained on the Website. KingTranslate does not convey, through allowing access to the Website or use of the Service, any ownership rights in the Website or in any Content. You may not copy (except as expressly permitted by these Terms), modify, translate, transmit, distribute, adapt, reproduce, decompile, reverse engineer or disassemble any part of the Website or the Content.
2. SCOPE OF TERMS
These Terms govern Your access and use of the Website and Service, except to the extent such Service is subject to a separate agreement or additional terms. Additional terms may apply to the use of some or all of the Service provided to You via the Website. You must be over the age of legal majority in your particular jurisdiction to access or use the Website and Service.
Before displaying, posting and/or submitting for translation or other identification or location service with regard to any file, text, web page, and/or content (“Source Material”) whatsoever on or through the Service, You shall ensure that you are entitled to do so and that You are either the author of such content or have obtained permissions or authorization to use such content. KingTranslate shall under no circumstances be held liable for the consequences of any infringement of this clause. Therefore, Your use of these features and the Service and Software is at Your own risk.
The Software which you use hereunder may automatically download and install updates from time to time from KingTranslate. These updates are designed to improve, enhance and further develop the Service and may take the form of bug fixes, enhanced functions, new software modules and new versions.
3. RESTRICTIONS REGARDING YOUR USE OF THE WEBSITE AND SERVICE
In connection with Your use of the Website and Service, You agree that You shall not: (i) transmit or communicate any data or information that is unlawful, harmful, threatening, abusive, harassing, stalking, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) upload or input the Website with any information which contains software viruses, Trojan horses, worms, time bombs, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Website, any computer software or hardware or telecommunications equipment; (iii) impersonate any person or entity or falsely state or otherwise misrepresent Your affiliation with a person or entity; (iv) harm minors in any way; (v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to other users; (vi) intentionally or unintentionally violate any applicable local, state, federal or international law and any regulations requirements, procedures or policies in force from time to time; (vii) use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of the Website; (viii) transmit, access or communicate any content that You do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements); (ix) monitor traffic on the Website, obtain or accumulate personal information about individual users or collect or store personal data about other users; (x) modify, delete or damage any information contained on the personal computer of any other Website user; (xi) infringe on the rights of any third party, including but not limited to trademark, copyright or the rights of publicity; (xii) use the Website in any manner that in King Translate's judgment, adversely affects the performance or function of the Website or interferes with the ability of other members or authorized parties to access the Website; or (xiii) undertake any acts not expressly permitted under the Terms. You warrant and represent that You undertake to use the Service only for purposes that are in strict compliance with (a) the Terms and the License, and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws governing the export of data or software to and from the United States, your country of residence or other relevant countries) and You shall take no actions which would cause KingTranslate to be in violation of any law, ruling or regulation applicable to it.
King Translate may discontinue or suspend the Website, any aspect of the Website or the Service at any time, in its sole discretion, without notice and liability to any user. King Translate may block, terminate or suspend Your access to the Website at any time for any reason in its sole discretion, even if access to the Website continues to be allowed to others. Upon such suspension or termination, You must immediately discontinue use of the Website. You acknowledge and agree that King Translate shall not be liable to You or any third party for any termination or suspension of Your access to the Website.
5. LICENSE FROM KINGTRANSLATE
You are licensed to download and install the Software on any device that is in Your possession (“License”). This License gives You a personal, worldwide, non-exclusive, and non-assignable license to use the Software for the sole purpose of enabling You to use the Service in the manner permitted by the Terms or any additional terms or conditions KingTranslate may provide to You. If you download the Software this License shall be incorporated into and made part of the Terms.
You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by KingTranslate, in writing. You may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software, except as expressly set forth herein.
Using the Software and/or Service does not grant You with rights to any patents, copyrights, trade secrets, trademarks, source code or interest in the Software or Service. The Software may be automatically updated when a new version is available.
Elements of the Software may not be used separately from the Software or the Service unless expressly authorized in writing by KingTranslate. You may not try to derive source code unless authorized. By downloading the Software and using the Service you agree to comply with any local laws regulating the use of the Software.
You cannot license, sell, provide or distribute the Software for any prohibited use or to any prohibited end user. Software is a commercial item and is protected by U.S. copyright law and international treaty. Unauthorized distribution will be subject to criminal penalties.
This License remains in force for the whole legal duration of the Software copyright. The License shall, however, be immediately terminated if You do not comply with each and every term of the Terms.
To be clear, KingTranslate, for itself and on behalf of its licensors, hereby reserves all intellectual property rights in the Software, except for any rights expressly granted in these Terms. You may not remove or alter any trademark, logo, copyright or other proprietary notice in or on the Software. This License does not grant you any right to use the trademarks, service marks or logos of KingTranslate, Koyote-Lab, Inc., or its licensors. You acknowledge and agree that the Services and the Software, including without limitation the Software's sequence, structure, organization, source code and applicable documentation contains valuable trade secrets and other intellectual property of KingTranslate and its suppliers and is considered KingTranslate's confidential information. The Software and Services are licensed and not sold to You. The Software and Service and all intellectual property rights therein are the exclusive property of KingTranslate, and all rights in and to the Software and Service not expressly granted to You in this Agreement are reserved.
6. DISCLAIMER OF WARRANTY
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. KINGTRANSLATE, ITS AFFILIATES, LICENSORS, PARTNERS AND SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS AND YOUR ABILITY OR INABILITY TO USE WEBSITE, SOFTWARE AND ITS CONTENT. KINGTRANSLATE AND ITS AFFILIATES, LICENSORS, PARTNERS AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, SECURITY OR TIMELINESS OF THE CONTENT, RESULTS OBTAINED, INFORMATION OR SERVICES PROVIDED ON OR THROUGH THE USE OF THE SERVICE. NO INFORMATION OBTAINED BY YOU FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED BY KINGTRANSLATE IN THE TERMS. KINGTRANSLATE DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE WEBSITE OR SERVICE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. USE OF SERVICE IS AT YOUR OWN RISK.
7. LIMITATION OF LIABILITY
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Website or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred
You agree to defend, indemnify and hold harmless KingTranslate, its affiliates, licensors, partners and suppliers, and their respective officers, directors, employees, agents and representatives from any and all claims, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement arising from Your use of the Service or violation of these Terms.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which You are required to indemnify us, and You agree to cooperate with our defense of these claims.
9. NOTICE AND TAKE DOWN PROCEDURES; COPYRIGHT AGENT
KingTranslate respects the intellectual property rights of others, and requires that the people who use the Website do the same. If You believe any materials accessible on or from the Website or Service infringe Your copyright, You may request removal of those materials (or access thereto) from the Website by contacting KingTranslate's copyright agent. Please go to the DMCA notification page to review our DMCA notification guidelines and procedures. http://www.kingtranslate.com/copyrights
10. LINKS TO OTHER WEBSITES
From time to time, KingTranslate may provide links on the Website that will allow You to access the websites of third parties (“Linked Sites”). KingTranslate has no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or operated by affiliates of KingTranslate and KingTranslate does not endorse or sponsor the products, services, information, content, advertising, code or other materials presented on or through these Linked Sites. Your use of the Linked Sites or their products, services, information, content, advertising, code or other materials presented on or through the Linked Sites is at your own risk. Under no circumstances will King Translate be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any Linked Sites. You should direct any concerns to that site's administrator or webmaster.
The Terms shall be governed and construed in accordance with the laws of the State of New York, U.S.A., without giving effect to the conflict of laws principles thereof. You hereby expressly agree to irrevocably submit to the exclusive jurisdiction and venue of the State and Federal Courts located in the State of New York for the purposes of any suit, action or other proceeding arising out of or based upon the Terms or the subject matter hereto. In the event that any provision of the Terms is inoperative or unenforceable for any reason, such provision shall be enforced to the maximum extent permitted by law and the invalidity of such provision shall not affect the enforceability and validity of remaining provisions of the Terms. King Translate's failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Except as expressly provided in a separate license, service or other written agreement between You and King Translate, these Terms constitute the entire agreement between You and King Translate with respect to the use of the Website, its Content, any software or service, information, and supersede all discussions, communications, conversations and agreements concerning the subject matter hereof. All notices and other communications under the Terms must be in writing and will be deemed to have been duly given when actually received. Except as required by law, the English language shall be the controlling language of these Terms. Notices shall be delivered to You at Your address on record with KingTranslate. You may provide notices to KingTranslate via email to firstname.lastname@example.org or by writing to King Translate at 40 Kimonos St. 3095 Limasol, Cyprus.