Terms of Service
Last revised: March 2023
Welcome to ABC Translations International LLC or one of its affiliates (“ABC Translations,” “we,” “us,” or “our”). We provide opportunities via our website at https://abctranslations.com (the “Site”), as well as through our related mobile applications and services (collectively referred to as the “Platform”), to the person (“you” or “your”) who agrees to these Terms of Service (“Terms of Service”). The Terms of Service govern your and ABC Translations’ respective rights and obligations regarding your performance of specific tasks (“Tasks”) and/or submission of certain deliverables (“Deliverables”) on or through the Platform. The Tasks and Deliverables are collectively referred to as the “Services” in this document.
BY REGISTERING AND UTILIZING THE PLATFORM, YOU CONFIRM THAT: (1) YOUR AGE IS A MINIMUM OF 18 YEARS; (2) YOU POSSESS THE AUTHORITY TO ACCEPT THESE TERMS OF SERVICE AND COMMIT YOURSELF TO THEM; (3) YOU CONSENT TO BE BOUND BY THESE TERMS OF SERVICE; AND (4) YOU GRANT PERMISSION FOR THE ELECTRONIC TRANSFER OF FUNDS TO YOUR CHOSEN PAYMENT METHOD IN COMPLIANCE WITH THESE TERMS.
We reserve the right to change or modify portions or the entirety of these Terms of Service at our sole discretion. If we do so, we will post the changes and indicate the date the Terms of Service were last revised at the top of this page. Such changes will be effective immediately. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the new Terms of Service. If you do not agree to any changes to these Terms of Service, do not continue to use the Platform.
WHILE PERFORMING SERVICES FOR ABC TRANSLATIONS OR ITS CLIENTS, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE ACTING AS AN INDEPENDENT CONTRACTOR, NOT AN EMPLOYEE, OF ABC TRANSLATIONS, ITS CLIENTS, OR ANY OTHER ENTITY. YOU AGREE TO PERFORM THE SERVICES IN ACCORDANCE WITH GENERAL GUIDELINES PRESCRIBED BY ABC TRANSLATIONS OR THE APPLICABLE CLIENT, WITHOUT SPECIFIC CONTROL OR DIRECTION OVER YOUR PARTICULAR MEANS, METHODS, OR PROCEDURES. YOU ARE EXCLUSIVELY IN CONTROL OF THE TIME, PLACE, AND METHOD OF PROVIDING THE SERVICES. YOU AGREE TO ACT IN A FAITHFUL, DILIGENT, AND PROFESSIONAL MANNER, AND TO BE COURTEOUS AND CONSIDERATE TO ABC TRANSLATIONS, ITS CLIENTS, AND THEIR EMPLOYEES AND REPRESENTATIVES, AS WELL AS ANY STORES, LOCATIONS, AND BUSINESSES WHERE SERVICES MAY BE PERFORMED, TO MAINTAIN ABC TRANSLATIONS’ GOODWILL IN THE COMMUNITY. FAILURE TO ABIDE BY THESE PROVISIONS MAY RESULT IN THE REVOCATION OF YOUR ABILITY TO PERFORM SERVICES UNDER THESE TERMS OF SERVICE.
1. Access and Use of the Platform
1.1 The Platform is designed to provide a convenient way to earn money by performing occasional Services (each, an “Assignment”). The Platform allows you to access and voluntarily carry out Assignments to earn fees. ABC Translations will periodically publish Assignments on the Platform. You will receive a notice regarding an Assignment offered in your geographic area, and you may voluntarily accept and complete the Assignment following all applicable specifications (e.g., Assignment description and requirements, as listed on the Platform), promptly submit all Deliverables to ABC Translations, and notify us as described on the Platform. ABC Translations and its client will evaluate the Deliverables for acceptance.
1.2 Each Assignment will display a fee expressed in United States Dollars or another currency. ABC Translations or its client reserves the right to reject any Deliverable(s), or any portion thereof, for any reason or no reason. Consequently, your total compensation earned for a particular Assignment is not based on the size or number of the Deliverables produced by you but depends on the portion of the Assignment accepted by ABC Translations and its client.
1.3 You acknowledge and accept that:
- (i) regardless of the quality of the completed Assignment, the variable fee mechanism may result in compensation lower than the maximum indicated;
- (ii) you are not entitled to any payment or other consideration for any rejected Deliverable;
- (iii) Deliverables will be rejected no later than 90 days from the date of upload, and no reason needs to be provided for the rejection of any specific Deliverable;
- (iv) no fee will be paid to you for any Deliverable compiled and/or uploaded to the Platform in violation of these Terms of Service or the requirements of the particular Assignment;
- (v) if you complete an Assignment inadequately or contrary to its specifications, ABC Translations reserves the right, in its sole discretion, to reject your performance of that Assignment in whole or in part, and in such event, partial or no compensation will be payable to you for the Assignment or relevant Deliverable;
- (vi) ABC Translations does not guarantee the actual availability of any Assignment;
- (vii) ABC Translations assumes no liability for the accuracy of any personal data, information, or other content uploaded by you, and you are solely responsible for any content uploaded or sent by you or anyone using your account, even if done without your knowledge or consent;
- (viii) ABC Translations may, in its sole discretion and without notice, withdraw or amend the Platform or any service or material provided on the Platform, and will not be liable if all or any part of the Platform is unavailable at any time or for any period;
- (ix) ABC Translations reserves the right to withdraw or amend any Assignment at any time in its sole discretion and will not be liable for any payment due thereunder other than for Deliverables validly accepted;
- (x) you are an independent contractor of ABC Translations and not its employee, agent, partner, or joint venturer, you will not represent yourself as an employee or agent of ABC Translations or any of its clients, and you do not have the authority to bind nor shall you attempt to bind ABC Translations or any of its clients to any statement, contract, or financial obligation;
- (xi) you will accept any directions issued by ABC Translations regarding Assignments, but you are solely responsible for the manner and hours in which you perform the Assignment under these Terms of Service;
- (xii) you are not eligible to participate in any of ABC Translations’ employee benefit plans, group or other insurance arrangements, or similar programs, and ABC Translations will not provide workers’ compensation, disability insurance, vacation pay, sick leave, health or retirement benefits, Social Security, or unemployment compensation coverage or any other benefit to you; and
- (xiii) you are solely liable to any third party concerning your actions or inactions in connection with any Assignment, and ABC Translations has no such liability to you or any third party.
Any attempt to alter, forge, fake, transpose, recreate, modify, cheat, or otherwise misconstrue your performance of the Services will result in permanent disqualification from performing any Services and forfeiture of any compensation due to you, in addition to any other remedy to which either ABC Translations or its client may be entitled, at law, in equity, or otherwise.
1.4 Representations, Warranties, and Agreements
By accepting or performing an Assignment, you hereby represent, warrant, and agree that:
- (i) you will, at all times, act and perform each Assignment in a professional and workmanlike manner that reflects positively on ABC Translations and in accordance with the applicable specifications, all applicable laws, and these Terms of Service;
- (ii) you will not engage in any actions related to the Services that may be considered fraudulent or misleading (including, without limitation, submitting an Assignment you did not complete or spoofing your location);
- (iii) none of the Assignments you perform through the Services nor any part of these Terms of Service are or will be in conflict with any obligation you may have to others;
- (iv) you will not disclose or represent to any third parties or post on any social media that you have any relationship or other affiliation with ABC Translations or any of its clients;
- (v) both you and the Services provided by you will comply with all applicable laws and regulations, including but not limited to, applicable international, federal, state, and local regulations, laws, and ordinances;
- (vi) you have obtained all applicable federal, state, city, and other necessary business licenses, permits, and insurance to perform the Services; and
- (vii) you are not currently debarred, suspended, proposed for disbarment, declared ineligible, or voluntarily excluded from covered transactions by any United States or foreign government department or agency, and more specifically, your name does not appear on the FDA/ORA Debarment List or on the United States Department of the Treasury’s Specially Designated Nationals and Blocked Persons List. If you become aware of or receive notice of the debarment of any individual, corporation, partnership, or association providing Services, you agree to immediately notify ABC Translations.
1.5 Acknowledgment of Occasional and Voluntary Service
You recognize that any Assignment completed under these Terms of Service constitutes an intermittent, personal, and voluntary service. By engaging in Assignments, you confirm that no employment, self-employment, agency, or other contractual relationship arises between you and ABC Translations or any of its clients, including but not limited to associations, common enterprises, partnerships, joint ventures, or similar relationships. You explicitly acknowledge that these Terms and Conditions do not grant you any employment rights. Apart from what is explicitly provided herein, you hold no further rights to payments or benefits stemming from Services performed under these Terms or any Assignment. You also acknowledge that ABC Translations does not engage in staff leasing, intermediation, recruitment, selection, or professional outplacement support activities, and that the Platform is not intended for advertising or providing employment or personnel supply.
1.6 Registration and Account Maintenance
1.7 Account Confidentiality and Liability
You are responsible for keeping your password and account confidential and are fully liable for any activities and damages occurring under your password or account, even those resulting from unauthorized use or access by a third party. You agree to (i) notify ABC Translations immediately if you become aware of any unauthorized disclosure or use of your password or account or any other security breach, and (ii) log out of your account after each session. ABC Translations is not liable for any losses or damages arising from your failure to comply with this section. ABC Translations may suspend your access to the Platform if it believes your login credentials are being used, or are likely to be used, without authorization.
1.8 Platform Modifications and Usage Limits
ABC Translations reserves the right to modify or discontinue, temporarily or permanently, the Platform or the performance of any Assignments (or any part thereof) with or without notice. You agree that ABC Translations will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service. You acknowledge that ABC Translations may establish general practices and limits concerning the use of the Platform, including, but not limited to, minimum and maximum retention periods for data or other content. YOU AGREE THAT ABC TRANSLATIONS IS NOT RESPONSIBLE OR LIABLE FOR THE DELETION OR FAILURE TO STORE ANY DATA OR CONTENT MAINTAINED OR UPLOADED TO THE PLATFORM. You acknowledge that ABC Translations may terminate inactive accounts and reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. The Platform includes certain services available via a mobile device, such as (i) content uploading, (ii) browsing, and (iii) accessing specific features through a downloaded and installed mobile application (collectively, the “Mobile Services”). If you access the Platform through a mobile device, standard charges, roaming charges, data rates, and other fees from your wireless service carrier may apply. You are solely responsible for these charges. Additionally, your carrier may prohibit or restrict downloading, installing, or using certain Mobile Services, and not all Mobile Services may be compatible with all carriers or devices.
2. Conditions of Use
2.1 You alone are responsible for all Deliverables you upload, post, publish, display, email, or otherwise submit for any Assignment. ABC Translations reserves the right to investigate and take appropriate legal action against anyone who, in ABC Translations’ sole discretion, violates this provision, including without limitation, removing offending content, suspending or terminating the account of such violators, and reporting you to law enforcement authorities.
2.2 You must not:
- (i) modify copies of any materials from the Platform;
- (ii) use any illustrations, photographs, video or audio sequences, or any graphics or text for any reason;
- (iii) delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Platform; or
- (iv) access or use any part of the Platform or any services or materials available through the Platform, other than for the proper execution of an Assignment.
2.3 You warrant and represent that you shall not use the Platform to:
- (i) email or otherwise upload any content that (a) infringes any intellectual property or other proprietary rights of any party; (b) you do not have a right to upload under any law or under any contractual or fiduciary relationships; (c) contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (d) poses or creates a privacy or security risk to any person; (e) constitutes advertising, promotional materials, commercial activities and/or sales, or any other form of solicitation; (f) is unlawful, harmful, threatening, abusive, harassing, tortious, violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (g) in the sole judgment of ABC Translations, is objectionable or which may expose ABC Translations or its users to any harm or liability of any type;
- (ii) interfere with or disrupt the Platform or servers or networks connected to the Platform, or disobey any requirements, procedures, policies, or regulations of networks connected to the Platform;
- (iii) violate any applicable local, state, national, or international law, or any regulations;
- (iv) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- (v) solicit personal information from anyone;
- (vi) harvest or collect email addresses or other contact information of other users from the Platform by electronic or other means;
- (vii) further or promote any criminal activity or enterprise or provide instructional information about illegal activities;
- (viii) obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Platform;
- (ix) carry out reverse engineering, including decompilation and decrypting activity, and any other activity or attempt to modify or in any event intervene on the graphic, internal logic, structure, or functioning (including algorithms and source codes) of the Platform, as well as on any other software or element provided by ABC Translations;
- (x) attempt to gain unauthorized access to the Platform or resources associated with the Platform, or to obtain services or information unintentionally made available by ABC Translations in or through the Platform;
- (xi) access, acquire, copy, or monitor any part of the Platform through techniques such as deep-linking, data scraping, through spiders or other automated devices, programs, methods, algorithms, or similar or equivalent manual processes;
- (xii) attack the Platform via a denial-of-service attack or a distributed denial-of-service attack;
- (xiii) otherwise attempt to interfere with the proper working of the Platform; or
- (xiv) create multiple user accounts on the Platform; by doing so, all of your accounts may be suspended and/or blocked from the Platform, and your work could be invalidated as a result.
ABC Translations has the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.
2.4 International Data Transfers
2.5 Data Collection, Use, and Disclosure
We, along with our clients, will collect, use, store, analyze, disclose, and process your Data for the following purposes:
- To support and execute an Assignment;
- To ensure proper completion of the Assignment;
- To contact you about the Assignment as needed;
- To analyze the Data and publish aggregated results;
- To design or improve future studies;
- To combine the Data and any results with the study data and results of other related studies whose purpose is compatible with the purpose of an Assignment and to use your Data (other than Contact Information) for future studies related to an Assignment; and
- For development, design, approval (including regulatory approval), improvement, production, publication, and/or support of products, technologies, processes, and services, including algorithm development and development of individual authentication algorithms and technologies for these purposes.
Your Data may be shared with and collected, used, stored, analyzed, disclosed, and processed for the purposes stated above by us or our client and any personnel and designated third parties acting on behalf of us or a client (with appropriate contractual obligations). Your Data, including transcripts, may be subject to additional grading and annotation in accordance with a client’s policies and procedures. Neither we nor our clients sell your Data. When required by law, legal process, or litigation, Data in identifiable form may be provided to third parties such as public, regulatory, or government authorities, including law enforcement. The results of any Assignment may be published or presented, but will not include any information that would let others know who you are.
Your Data, including your contact information, may be used for selection and recruitment efforts for future Assignments, and we may share your Data with other teams within our organization for such recruitment purposes. Even if you are contacted, you may choose not to participate in such future studies.
You may contact us at any time to request deletion of your personal data associated with your Data. In some circumstances, deletion of your personal data may not be feasible (for instance, if your Data has been de-linked from your contact information or where applicable law would permit or require us to continue processing certain of your personal data). However, reasonable efforts will be made to delete identifiable data within a reasonable amount of time of your request. You may also withdraw from these Terms of Services and/or any Assignment at any time.
If you decide to participate in an Assignment, you also have the right to request access to any personal data collected about you as part of the Assignment and the right to request that any such personal data be corrected, amended, blocked, or deleted. In some circumstances, we may not be able to complete the actions you request (for instance, if your Data has been de-linked from, or we do not have access to, your contact information, or where applicable law would permit or require us to continue processing certain of your personal data). You also have the right to object to the collection of any data and withdraw from these Terms of Services and/or any Assignment at any time.
3.1 Confidential Information
You acknowledge that all information, compensation, and data related to the Platform, an Assignment, ABC Translations, and any of its clients that you become aware of while reviewing, registering for, or carrying out an Assignment or any other activity connected to the Platform is considered “Confidential Information.”
3.2 Confidentiality Obligations
Aside from disclosure obligations mandated by law, regulations, or provisions adopted by a competent authority, you agree to:
- (i) maintain the confidentiality and secrecy of all Confidential Information and not disclose it, in whole or in part, to any third party for any reason;
- (ii) treat the Confidential Information with the same level of diligence you use to protect your own information, but in no event less than a commercially reasonable level of diligence;
- (iii) not use and/or acquire the Confidential Information unless it is strictly necessary for the use of the Platform or for the proper fulfillment of the obligations of any Assignment undertaken by you;
- (iv) not make copies of any documents containing Confidential Information; and
- (v) not use the Confidential Information in a manner that is detrimental to ABC Translations or its clients.
3.3 Maintaining Confidentiality
It is of paramount importance that no confidential information be communicated (including blogging, posting, or other use of social media) to anyone outside of the team, including friends, family members, and professional colleagues. You will not be permitted to take any photographs or videotape anything related to any Assignment. Failing to maintain the confidentiality of information may seriously harm an Assignment. If you become aware of any unauthorized disclosure of confidential information, please report it to the relevant ABC Translations team immediately.
4. Payment Procedures
4.1 To receive payment for a task, you may select from the available payment methods for that task. This may necessitate providing ABC Translations with your payment details. By doing so, you affirm that the information is accurate and that you have authorization to use the associated account. Keep your account information updated with any changes to your contact or payment details. If we cannot process payments for six (6) months due to incorrect or unavailable payment information, the payment will be permanently forfeited and cancelled.
ABC Translations aims to remit payments within sixty (60) days after your completed task is submitted and approved (including any deliverables), according to the terms specified on the Service and this Terms of Service. Bonuses or similar payments may be issued via gift card, debit card, or another applicable method, and additional terms may apply, including those from the third-party operator.
If a task requires you to purchase an item or service, proof of purchase may be necessary, and ABC Translations will reimburse you once the task (including any deliverables) is completed and submitted, under the specified terms. ABC Translations reserves the right to modify its fees and withhold or charge back payments due to you under these Terms of Service or in the event of a breach, pending a reasonable investigation. Third-party fees related to returned or cancelled payments due to errors or omissions in your payment information may be deducted from the reissued payment. Disputed payments must be reported in writing within sixty (60) days; failure to do so results in a waiver of any claim relating to the disputed payment. Deleting your account before all pending payments are resolved is at your own risk and forfeits your right to dispute or inquire about payments.
We will process account deletion requests within thirty (30) business days. Payment calculations are based solely on records maintained by ABC Translations, and no other measurements or statistics will be accepted or have any effect under these Terms of Service. We may withhold taxes or other amounts from payments due to you as required by law. You agree to pay all applicable taxes or charges imposed by any government entity in connection with your participation in the Service.
5. Adherence to Laws
5.1 The Platform must be used in a lawful manner and for lawful purposes only. You are prohibited from using the Platform in any way that violates applicable laws or regulations. You agree to comply with all obligations outlined here, as well as all relevant laws, statutes, and regulations in jurisdictions where you request or perform Services. You shall indemnify, defend, and hold harmless ABC Translations and its officers, directors, employees, clients, agents, and others considered responsible persons under applicable state, federal, or local law for costs incurred due to your noncompliance with required laws, rules, or regulations.
5.2 You are responsible for determining, reporting, and remitting the correct taxes associated with the performance of Services, your use of the Platform, or any other actions, inactions, or omissions (“Taxes”). Upon request, you agree to provide ABC Translations with relevant tax information. YOU ALSO ACKNOWLEDGE THAT ABC TRANSLATIONS AND ITS AFFILIATES ARE NOT RESPONSIBLE FOR COLLECTING, REPORTING, OR REMITTING ANY TAXES ARISING FROM TRANSACTIONS. You will timely file all tax returns required by any federal, state, local, or other tax authority concerning the receipt of gross fees from ABC Translations. You shall indemnify, defend, and hold harmless ABC Translations and its officers, directors, employees, clients, agents, and others considered responsible persons under applicable state, federal, or local law for costs incurred in connection with your failure to pay required taxes.
5.3 You are responsible for determining whether any permits, registrations, authorizations, or filings (including, but not limited to, technology transfers) are required by any governmental agency in any jurisdiction where you perform Services. YOU AGREE THAT ABC TRANSLATIONS AND ITS AFFILIATES ARE NOT OBLIGATED TO DETERMINE WHETHER ANY SUCH PERMITS APPLY TO ANY TRANSACTION.
5.4 ABC Translations reserves the right, but not the obligation, to monitor activities, content, and materials associated with the Platform. ABC Translations may investigate any reported policy violations or complaints and take any action it deems appropriate.
6. Intellectual Property Rights
6.1 Service Content and Software
You recognize and agree that the Platform, any Assignment, or a portion thereof may contain content or features (“Service Content”) safeguarded by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except when explicitly authorized by ABC Translations, you commit to refraining from altering, duplicating, framing, scraping, leasing, renting, selling, distributing, or creating derivative works based on the Platform or the Service Content, either entirely or partially. Any utilization of the Platform or Service Content other than as explicitly authorized herein is strictly forbidden. The technology and software underlying the Platform or distributed in connection with any Assignment belong to ABC Translations, our affiliates, and our clients or partners (the “Software”). You pledge not to duplicate, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by ABC Translations.
The ABC Translations name and logo are trademarks and service marks of ABC Translations (collectively the “ABC Translations Trademarks”). Other company, product, and service names and logos employed and displayed via the Platform may be trademarks or service marks of their respective owners, who may or may not endorse or be affiliated with or connected to ABC Translations (collectively, the “Third Party Trademarks”). Nothing in these Terms of Service or the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of ABC Translations Trademarks or Third Party Trademarks without our prior written permission in each instance. All goodwill generated from the use of ABC Translations Trademarks will inure to our exclusive benefit.
6.3 Liability for Third Party Content
Under no circumstances will ABC Translations be liable in any way for any content or materials of any third parties (including users), including but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that ABC Translations does not pre-screen content, and that ABC Translations and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Platform. Without limiting the foregoing, ABC Translations and its designees will have the right to remove any content that violates these Terms of Service or is deemed by ABC Translations, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
6.4 User Content and Deliverables
With respect to the content or other materials you upload as part of your Deliverables or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title, and interest in and to such User Content, including without limitation all copyrights and rights of publicity contained therein. By uploading any User Content, you hereby grant and will grant ABC Translations and its affiliated companies a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the purposes for which such Deliverables were created. Notwithstanding the foregoing, by uploading any Deliverables, you hereby assign to ABC Translations throughout the world all right, title, and interest in such Deliverables for any and all purposes, and you waive all claims you may have based on the usage of such Deliverables. You acknowledge and agree that ABC Translations may preserve User Content and may also disclose User Content if required to do so by law or under the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process, applicable laws, or government requests; (ii) enforce these Terms of Service; (iii) respond to claims that any content violates the rights of third parties; or (iv) protect the rights, property, or personal safety of ABC Translations, its users, and the public. You understand that the technical processing and transmission of the Service, including User Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices. ABC Translations respects the intellectual property of others, and we ask our users to do the same. If you believe that your work or User Content has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify ABC Translations of your infringement claim in accordance with the procedure set forth below.
6.5 Copyright Infringement Notifications and Counter-Notices
ABC Translations will process and investigate notices of alleged copyright infringement and will take appropriate actions under all applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to ABC Translations at firstname.lastname@example.org (Subject line: “Takedown Request”). You may also contact us by mail: ABC Translations International LLC, 809 Cuesta Dr, Ste 3223, Mountain View, California 94040, Attn: General Counsel.
To be effective, the notification must be in writing and contain the following information: (i) an electronic or physical signature of the owner of the copyright or other intellectual property interest or the person authorized to act on behalf of the owner; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed; (iii) your address, telephone number, and email address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and (v) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner.
If you believe User Content that was removed (or to which access was disabled) is not infringing, or that you have authorization from the copyright owner, the copyright owner’s agent, or pursuant to law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent: (i) your physical or electronic signature; (ii) identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; (iii) a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and (iv) your name, address, telephone number, and email address and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by ABC Translations, ABC Translations will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member, or user, the removed content may be replaced or access to it restored in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at our sole discretion.
6.6 Repeat Infringer Policy
In accordance with applicable law, ABC Translations has adopted a policy of terminating, under appropriate circumstances and at ABC Translations’ sole discretion, users who are deemed to be repeat infringers. ABC Translations may also, at its sole discretion, limit access to the Platform and/or terminate any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Platform (“Submissions”), provided by you to ABC Translations are non-confidential, and ABC Translations will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
7. Third-Party Websites
The Platform may offer, or third parties may provide, links or access to other sites and resources on the Internet. ABC TRANSLATIONS DOES NOT CONTROL SUCH SITES OR RESOURCES AND IS NOT RESPONSIBLE FOR, NOR ENDORSES, SUCH SITES OR RESOURCES. You acknowledge and agree that ABC Translations will not be held responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, events, goods, or services available on or through any such site or resource. Any interactions you have with third parties found while using the Platform are between you and that third party, and you agree that ABC Translations is not liable for any loss or claim you may have against any such third party.
8. Indemnification and Release
You agree to indemnify, release, and hold ABC Translations and its affiliates, clients, and their officers, employees, directors, and agents harmless from any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees and injury (including death), arising out of or relating to: (i) any actual or alleged breach of your representations, warranties, or obligations set forth in these Terms of Service; (ii) your Services and Deliverables, including any actual or alleged infringement of any intellectual property or proprietary rights by any of your Services or Deliverables; (iii) your failure to comply with any applicable laws and regulations in connection with your use of the Platform, any Assignment, or the provision of Services; (iv) your use or misuse of the Platform, your connection to the Service, your violation of these Terms of Service, or your violation of any rights of other third parties; and (v) any action taken by ABC Translations for any reason, including as a result of its investigations and from any actions taken as a consequence of investigations by any of ABC Translations, its client, or law enforcement authorities. If you are a California resident, you waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
9. Disclaimer of Warranties
YOUR USE OF THE PLATFORM IS SOLELY AT YOUR OWN RISK. THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ABC TRANSLATIONS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. ABC TRANSLATIONS MAKES NO WARRANTY THAT (I) THE PLATFORM OR ANY ASSIGNMENT WILL MEET YOUR REQUIREMENTS; (II) THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PLATFORM WILL MEET YOUR EXPECTATIONS; (IV) THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THE PLATFORM WILL BE AS REPRESENTED BY ABC TRANSLATIONS OR ITS CLIENTS OR AGENTS; (V) AN ASSIGNMENT OR ANY PART OF THE PLATFORM IS LAWFUL; OR (VI) ANY IMPLIED WARRANTY ARISING FROM THE COURSE OF DEALING OR USAGE OF TRADE.
10. General Release
IN CONSIDERATION OF THE PROMISES AND UNDERTAKINGS IN THIS AGREEMENT, AS A CONSEQUENCE OF THE COMMITMENTS AND ASSURANCES CONTAINED IN THIS AGREEMENT, YOU HEREBY DISCHARGE ABC TRANSLATIONS, ITS AFFILIATES, AND CLIENTS (ALONG WITH THEIR RESPECTIVE STAFF, DIRECTORS, AGENTS, AND REPRESENTATIVES) FROM ALL CLAIMS, DEMANDS, AND DAMAGES (ACTUAL, INCIDENTAL, AND OTHERWISE) OF ANY TYPE AND CHARACTER, RECOGNIZED AND UNRECOGNIZED, ANTICIPATED AND UNANTICIPATED, REVEALED AND CONCEALED, STEMMING FROM OR RELATED IN ANY MANNER TO THE PLATFORM, ANY ASSIGNMENT, OR YOUR PROVISION OF SERVICES FOR ABC TRANSLATIONS AND/OR ITS CLIENTS.
11. Limitation of Liability
You clearly acknowledge and agree that ABC Translations will not be responsible for any indirect, unexpected, special, consequential, or exemplary damages, or damages related to loss of profits, such as damages for loss of goodwill, use, data, or other intangible losses (even if ABC Translations has been informed of the possibility of such damages). This applies whether based on contract, tort, negligence, strict liability, or any other legal theory, resulting from:
- Using or not being able to use the Platform (including not being able to complete or submit the Assignment due to technical or communication issues);
- Unauthorized access or changes to your transmitted data;
- Statements or behavior of any third party on the Platform;
- Your actions or lack of action in connection with any Assignment or your service;
- Any other issue related to any Assignment or the services.
ABC Translations’ total liability to you for all damages, losses, or causes of action will not exceed the lesser of the amount you were actually paid in the six (6) months immediately before the event causing the liability or one hundred dollars ($100). Some jurisdictions do not allow excluding certain warranties or limiting or excluding liability for incidental or consequential damages. As a result, some of the limitations above may not apply to you. If you are unhappy with any part of the service or these Terms of Service, your only option is to stop using the service.
12. Mutual Agreement to Arbitrate Claims
12.1 Agreement to Arbitrate
Both you and ABC Translations acknowledge that disputes may arise during or after your utilization of the Platform or completion of any Assignment. By accepting these Terms of Service, you consent to resolve all disputes, controversies, or claims (including those involving ABC Translations or its client, employees, officers, directors, shareholders, or benefit plans) arising from, connected to, or resulting from your participation in the Platform, Assignments, or termination of participation, including breaches of this Arbitration Provision, through binding arbitration under the arbitration rules established in the State of California, USA. To the fullest extent permissible by law, any dispute, controversy, or claim pertaining to these Terms of Service, your participation in any Assignment, or your use of the Platform, including interpretation, breach, or termination, and the arbitrability of claims, will be referred to and conclusively resolved by arbitration in compliance with the JAMS International Arbitration Rules. The tribunal will comprise one arbitrator, and the arbitration will take place in the County and State of California. The arbitral proceedings will be conducted in English. Any court with jurisdiction may enter judgment upon the award rendered by the arbitrator. The United Nations Convention on Contracts for the International Sale of Goods is expressly and entirely excluded and will not apply to these Terms of Service or any Assignment.
12.2 Waiver of Jury Trial
You understand that by agreeing to this Arbitration Provision, both you and ABC Translations waive the right to a jury trial for any claims against each other.
12.3 Non-Arbitration Enforcement
If either party pursues an arbitrable dispute through any method other than arbitration, the responding party shall recover from the initiating party all damages, costs, expenses, and attorneys’ fees incurred as a result of such action.
You agree that ABC Translations, at its sole discretion, may suspend or terminate your account (or any part thereof), your use of the Platform, and/or your participation in any Assignment, and remove and discard any content within the Platform, for any reason, including without limitation for lack of use or if ABC Translations believes you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Platform may be referred to appropriate law enforcement authorities. ABC Translations may also, at its sole discretion and at any time, discontinue providing the Platform, or any part thereof, with or without notice. You agree that any termination of your access to the Platform under any provision of these Terms of Service may be effectuated without prior notice and you further acknowledge and agree that ABC Translations may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Platform. Notwithstanding the above, if a user is barred access to the Platform, ABC Translations will retain certain user account information (including but not limited to email, name, and phone number) in order to prevent such barred user from creating a new account. Further, you agree that ABC Translations will not be liable to you or any third party for any termination of your access to the Platform.
These Terms of Service constitute the entire agreement between you and ABC Translations, governing your use of the Platform and submission of Assignments, and superseding any prior agreements between you and ABC Translations with respect thereto. You may also be subject to additional terms and conditions when using affiliate or third-party services, content, or software. These Terms of Service will be governed by the laws of the State of California, without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration as outlined above, you and ABC Translations agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within California County, California. The failure of ABC Translations to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. 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 the Platform or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of these Terms of Service and any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of ABC Translations, but ABC Translations may assign or transfer these Terms of Service, in whole or in part, without restriction. The section titles and plain language descriptions in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Platform may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Platform.
15. Your Privacy
Notice for California Users
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may also contact us by mail: ABC Translations International LLC, 809 Cuesta Dr, Ste 3223, Mountain View, CA 94040, Attn: Data Privacy Officer.