Terms and Conditions of Use
Last Updated: April 11, 2012
Intellectual Property Rights
All of the content, arrangement and layout of the Site, including but not limited to, any trademarks, service marks, product names, package designs, text, art work, graphics, images, buttons, screenshots, music, digitally downloadable files, and other content or copyrightable material, and the compilation of the foregoing (collectively, the “Content”) are the sole and exclusive property of Babelos. The Site also contains valuable trademarks and service marks owned and used by Babelos including but not limited to, babelos, the Babelos design logo, and the tag line “Our Network of Experts grow your business with Languages”. All other trademarks, product names and company names or logos used on the Site are the property of their respective owners. Any use of the Content – without the prior written permission of Babelos - is strictly prohibited and may violate civil or criminal laws, including but not limited to, copyright laws, trademark laws, and the laws of privacy and publicity.
The Site may now or in the future permit the submission of content such as comments and product reviews (“User Content”) by you and other users and the hosting, sharing and/or publishing of such User Content. You agree and acknowledge that without regard to whether such content is published, Babelos does not guarantee any confidentiality with respect to any such submissions.
You shall be solely responsible for your own User Content and the consequences of posting or publishing them. You represent and warrant that: (i) your User Content does not violate any copyright, trademark, trade secret, patent or other intellectual property right, or any right of privacy or publicity of any third party, or any applicable law, rule or regulation, or any of the Posting Rules; (ii) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Babelos to post, publish, reproduce, display and otherwise exercise all rights in your User Content, including, but not limited to, the written consent, release, and/or permission of each and every identifiable individual person featured or referenced in the User Content to use their name, voice, likeness or any other applicable personal rights of any kind.
Babelos takes no responsibility and assumes no liability for any User Content posted or otherwise submitted to us. Any material, information or idea you submit or post on the Site will be considered non-confidential and non-proprietary. Babelos may publish or otherwise use your name and User Content for any purpose whatsoever without your consent.
Acceptable Use Policy
With respect to any submitted User Content, you agree not to: (i) submit any content that is copyrighted, protected by trade secret or otherwise subject to any third party intellectual property rights or proprietary rights, including any privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner of such rights to post such content and to grant Babelos all of the license rights and other rights granted herein; (ii) upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (iii) use the Site to harm minors in any way; (iv) impersonate any person or entity, including but not limited to, a representative of Babelos, or falsely state or otherwise misrepresent your affiliation with a person or entity; (v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to or through the Site; (vi) upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation; (vii) upload, post, e-mail or otherwise transmit any content that contains computer 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; (viii) intentionally or unintentionally violate any applicable local, state, national or international law, (ix) collect or store personal data about other users.
You will not use the Site or any of the information contained on the Site in any way that is unlawful or harms Babelos or any user of Babelos. You may not use the Site in any manner that could overburden, or impair any website owned or operated by Babelos (or the networks or systems connected to any such websites). You may not use any device, software or instrumentality to interfere with the proper working of the Site or disobey any requirements, procedures, policies or regulations of networks connected to the Site. You shall not violate or attempt to violate the security of the Site. Violations of system or network security may result in civil or criminal liability. Babelos reserves the right to investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.
Babelos does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and Babelos expressly disclaims any and all liability in connection with User Content. Babelos reserves the right, at its sole discretion, but is not obligated, to monitor any and all User Content, messages, postings, or other content sent to the Site, and reserves the right to remove, modify, delete or to refuse to post any User Content or anything else that Babelos in its sole discretion views to be in violation of these Posting Rules, the law, or is otherwise inappropriate. Babelos may also terminate a user's access for uploading material in violation of these posting rules or the terms at any time, without prior notice and at its sole discretion. In addition, you agree that you will not email any of your User Content or links to your User Content to individuals with whom you are not acquainted.
Notifications of Copyright Infringement
Babelos recognizes and respects the intellectual property of others, and we ask our users to do the same. It is our policy, in appropriate circumstances and at our discretion, to disable and/or terminate the accounts of users of the Site who may infringe or repeatedly infringe the copyrights or other intellectual property rights of Babelos and/or others.
The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Babelos reserves the right, without prior notification, to limit the order quantity on any service and/or to refuse service to any customer. Verification of information may be required prior to the acceptance of any order. Prices and availability of products on the Site are subject to change without notice. Errors will be corrected when discovered.
Babelos reserves the right, at its sole discretion, to refuse or cancel any order for any reason.
Links to Other Websites
Babelos makes no claim or representation, and accepts no responsibility, regarding the quality, nature, or reliability of the sites accessible by hyperlinks from the Site, or websites linking to the Site.
With respect to all communications made to Babelos, including but not limited to feedback, questions, comments, suggestions and the like: (i) you shall have no right to confidentiality in your communications and Babelos shall have no obligation to protect your communications from disclosure; (ii) Babelos shall be free to reproduce, use, disclose and distribute your communications to others without limitation; and (iii) Babelos shall be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information.
Warranties and Disclaimers
Babelos intends for the information and data contained in the Site or provided via other channels, including but not limited to phone and email, to be accurate and reliable; however, since the information and data have been compiled from a variety of sources, it is provided 'AS IS.' You expressly agree that your use of the Site and any information contained therein is at your sole risk. BABELOS EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THE SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF SERVICE OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Limitation of Liability
IN NO EVENT SHALL BABELOS OR ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DISTRIBUTORS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE OR VIA OTHER CHANNELS, INCLUDING BUT NOT LIMITED TO PHONE AND EMAIL, BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR ANY INFORMATION CONTAINED THEREIN, INCLUDING USER CONTENT, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF BABELOS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
You hereby acknowledge that the preceding paragraph shall apply to all content and services available through the Site or other channels. In areas where exclusion or limitation of liability for consequential or incidental damages is not allowed, liability is limited to the fullest extent permitted by law.
Limited Time To Bring Your Claim
You and Babelos agree that any cause of action arising out of or related to the Site or any information contained therein must be commenced within one (1) year after the cause of action arose or be permanently barred.
Right to Access