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TranslatorsCafe.com Terms and Conditions of UseUser AgreementRevised on August 18, 2009 The TranslatorsCafe.com Web site (the "Site" is provided by ANVICA Software Development, the company registered under the laws of Ontario, Canada, with its registered office at 1425 Bodmin Rd., Suite 407, Mississauga, Ontario, Canada (ANVICA) subject to the following Terms and Conditions and any operating rules or policies that may be published on this Site. By using this Site, you accept such Terms and Conditions and any other rules or policies published on the Site as modified or amended from time to time; each time you access the Site, you reconfirm your agreement. The Site is only a source of information and a meeting place for linguists and their clients and is not a translation or any other kind of an agency. ANVICA does not act as an agent, partner, joint venture, or in any other capacity on behalf of the users of this Site and in no way is affiliated with them. As a neutral facilitator, ANVICA is not directly involved in the actual transactions between users of the Site and as a result, ANVICA has no control over the accuracy, truth, legality, quality, or safety of postings made by the Site users. Because verifying the identity of users on the Internet is difficult, ANVICA cannot and does not confirm the identity of the Site users. Except expressly stated otherwise, ANVICA does not confirm nor verify the qualifications, background, or abilities of the Site users including TC Masters. Your communication with job posters, agencies, service providers, advertisers, or users of the Site, including production and delivery of related goods and/or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such job poster, agency, advertiser, or user. You agree not to hold ANVICA liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such job posters, agencies, advertisers, or users on the Site. User Conduct: You are solely responsible for the content and context of anything you post through the Site including private e-mails sent to Site members using its mailing system. You warrant and agree that, while using the Site, you shall not:
Forums Disclaimer: The views expressed in the Site forums are those of the individual post authors and are not necessarily the views of ANVICA and/or Site Moderators. If the reader considers a post to cause offence, then s/he should address a complaint to the moderator of the forum concerned. Posting in Forums: No posts which can be construed as advertising, except as an introduction about yourself or your agency in the “Translators and Agencies” forum, are allowed. Moderators reserve the right to delete any posts which amount to spam. Reposting of entire articles from other Web sites on the Site is prohibited. Rating and Feedback: You agree and acknowledge that TranslatorsCafe.com may contain public feedback from translators or outsourcers with whom you have transacted. You acknowledge that this feedback for you may consist of ratings and comments made by other site users and that TranslatorsCafe.com may calculate an average rating number based on individual ratings made by translators and outsourcers. Translators and outsourcers agree to be rated by each other using several criteria, as determined by TranslatorsCafe.com. TranslatorsCafe.com provides the feedback and rating system as a means through which translators and outsourcers can express their opinions publicly. TranslatorsCafe.com does not monitor or censor these opinions or investigate any notes posted by translators and outsourcers for accuracy unless a user brings the particular posting to the attention of TranslatorsCafe.com moderators and staff. You may be held legally responsible for damages suffered by other TranslatorsCafe.com users or any third parties as a result of these remarks or notes if a court finds that these remarks or notes are defamatory or otherwise objectionable. You warrant and acknowledge that you own or otherwise control all the rights to the notes and remarks that you post; that they are accurate; that use of the content you supply will not cause injury to any person or entity; and that you will indemnify TranslatorsCafe.com for all claims resulting from content you supply. TranslatorsCafe.com has the right but not the obligation to monitor and edit or remove any activity or content. TranslatorsCafe.com takes no responsibility and assumes no liability for any content posted by you or any third party. You agree to report any violations or abuses of TranslatorsCafe.com rating and feedback system immediately. Liability: Although ANVICA believes that the information on the Site is reliable, ANVICA makes no guarantees that information is accurate or current. Therefore, you agree that ANVICA, its directors, officers, employees, agents, and owners shall have no liability of any kind arising from your use of the Site and you hereby release them from any and all past, present, and/or future claims, actions, demands, rights, damages, causes of action, and rights of action whatsoever, known and unknown, anticipated and unanticipated, in any way resulting from and/or as a result of using the information contained on the Site. YOU EXPRESSLY AGREE THAT YOU USE THE SITE AT YOUR OWN RISK. ANVICA IS PROVIDING THE SITE AND ITS CONTENTS ON AN “AS IS” AND “AS AVAILABLE” BASIS. ANVICA MAKES NO AND EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND/OR WARRANTIES WITH RESPECT TO THE SITE OR ITS CONTENTS INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ANVICA MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED, OR ERROR-FREE. ANVICA MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE. YOU UNDERSTAND AND AGREE THAT ANY DATA OBTAINED THROUGH THE USE OF THE SITE IS OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM THE USE OF THIS DATA. ANVICA MAKES NO WARRANTY REGARDING ANY TRANSACTIONS ENTERED INTO OR ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE OR FROM ANVICA SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. EXCEPT AS SPECIFICALLY STATED ON THE SITE, TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER ANVICA NOR ANY OF ITS OWNERS, AFFILIATES, DIRECTORS, EMPLOYEES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES, LOSS OF INCOME OR PROFIT OR DATA, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. Modifications to the Site and Terms and Conditions of Use: ANVICA reserves the right, for any reason, at its sole discretion, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, content, features or hours of availability without prior notice to the User. ANVICA may also impose limits on certain features of the Site or restrict your access to part or all of the Site without notice. ANVICA reserves the right to make changes to these Terms and Conditions of Use at any time. Any changes or revisions are effective immediately upon their release. Your use of the Site will be subject to the version of the Terms and Conditions of Use posted on the Site at the time of such use. Accordingly, you are advised to review the Terms and Conditions of Use prior to using the Site. Your continued use of the Site following the posting of any changes or revisions of these Terms and Conditions of Use will constitute your acceptance of such changes or revisions. If you do not agree to any changes or revisions to these Terms and Conditions of Use, you may not use the Site and must immediately discontinue using the Site. User Information: As part of your use of the Site, you may provide certain information to ANVICA or other users of the Site. You agree that the party receiving that information can use such information. You acknowledge and agree that you are solely responsible for the accuracy and content of information provided by you. Indemnification: Because ANVICA is not involved in any transactions between the parties using this Site, you shall indemnify, defend and hold ANVICA, its officers, directors and employees harmless from and against any claims, damages, liabilities, and expenses related thereto arising out of any dispute between the parties that use services provided by the Site, any breach or violation by you of these Terms and Conditions or any use by you of the Site. Termination: These Terms and Conditions constitute a binding agreement. If you become dissatisfied with the Site in any way, your only recourse is to immediately discontinue use of the Site. ANVICA may, at any time, at its sole discretion, immediately remove from the Site any information you have posted to the Site. This includes personal information, forum postings, job postings, TCTerms questions, answers and comments, your account and any other information you posted on the site. ANVICA shall not be liable to you or to any third party for termination of the service. Information Storage: ANVICA assumes no responsibility for the deletion or failure to store files, résumés, messages, job postings, or any other form of communication made using the Site. Disclaimer: The Directory of Freelance Translators and Translation Agencies contains listing information submitted by the site members representing themselves individually. By providing translators’ biographical pages and translation agencies’ details, ANVICA makes no representations regarding their availability or willingness to assist in any matter. The information and services offered on this site are provided on an “as is” and “as available” basis. The directory, job postings, TCTerms questions and answers, discussion forums and other services are provided only as a convenience to the site users and ANVICA cannot warrant that the information herein is complete or accurate, and does not assume, and hereby disclaims, any liability to any person for any loss or damage caused by errors or omissions resulting from negligence or any other cause whatsoever associated with the information contained on the site. Site members providing information regarding themselves for inclusion in this directory are solely responsible for the accuracy of the information submitted. The site users acknowledge the database should not be relied upon as the sole source of information when translation, interpreting, proofreading and other language service purchasing decisions are being made. When considering any translator, interpreter or translation agency, be sure to check their credentials and references. Membership: ANVICA may, at its sole discretion, immediately terminate the membership of any member of the Site if their conduct fails to conform to the terms and conditions of this agreement. Electronic Communication: When you visit the Site or communicate with us through the Site or using other forms of electronic communication such as electronic mail, you are communicating with us electronically. You agree that all electronic communication that we provide to you including information published in these Terms and Conditions of Use is equivalent to communications in writing and will have the same effect as if they were in writing and signed. Search Engines: The TranslatorsCafe.com Web site is regularly visited by search engines, which cache the content of profiles on their own servers, including your name, images and any publicly visible text and contact information you have entered on your profile. You agree that ANVICA is not responsible for the removal of any content from search engines as well as for the inclusion of any content into their cache. General Provisions: If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. The failure by ANVICA to exercise or enforce any rights or provisions of this Agreement shall not constitute a waiver of such right or provision. You agree that any cause of action arising out of, or related to, the Site must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. You agree that all matters shall be venued in Ontario, Canada. The Terms and Conditions comprise the entire agreement between you and ANVICA and supersede all prior agreements between the parties, regarding the subject matter contained herein. All provisions of this Agreement regarding representations and warranties, indemnification, disclaimers, and limitations on liability shall survive any termination of this Agreement. Translation Disclaimer: This is the official English original of the TranslatorsCafe.com Terms and Conditions of Use. In case of any discrepancy between its translations and this original English version, this English version shall prevail. Read more: | ||||||||||