The following Terms of Use govern your use of this interactive Lionbridge Website, known as Lionbridge Laⁱnguage Cloud™ (“Site”) and its content and/or localization, translation, terminology management services and/or other services (“Services”) rendered or to be rendered by Lionbridge. The terms of any agreement for the same subject matter with Lionbridge or any of its subsidiaries or affiliates take precedence over the terms and conditions contained herein.
By accessing or using the Site or Services, you agree to be bound by these Terms of Use. If you do not wish to be bound by these Terms of Use, you cannot access or use the Site or Services.
1.1 The Site is a communications medium by which clients can have access to and use Services offered by Lionbridge.
1.2 Prior to using Corporate Services, you must identify Yourself using proprietary login credentials provided to you by Lionbridge which will allow you to access Your account (“Account”) on the Site. Only an individual, acting either in his or her individual capacity or as an authorized representative on behalf of a company, may be an account holder on the Site (“Account Holder”). An Account Holder may only have one Account, such account being non-transferable.
1.3 Account Holder Warranties:
1.4 To the extent any Source Material(s) contain any information, software, data or other materials which are subject to export controls or restrictions, you agree to advise Lionbridge of same.
1.5 As an Account Holder, You must keep confidential and not send or disclose your username or password to any person other than Lionbridge. You must not store your username or password in any form in any location where either one is capable of being read by any person other than Yourself. You must not permit any other person, other than persons having Your express written permission and under Your personal supervision, to use Your username and password to access and use the Services. You accept and assume total responsibility and liability for all aspects of use of the Services by all persons using Your username and password.
1.6 Lionbridge reserves the right in its sole discretion to refuse to provide the Services at any time.
1.7 You agree that Lionbridge may suspend or deny further access to the Site or the Services for any reason whatsoever, or for no reason at all, including, without limitation, breach of these Terms of Use.
1.8 You hereby agree to indemnify, defend and hold harmless Lionbridge and its past and present officers, directors, owners, employees, representatives, agents, successors and assigns, information providers, affiliates, suppliers, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability, costs and expenses incurred by the Indemnified Parties in connection with any and all actions, claims, suits, demands, liabilities, costs or expenses arising out of or in any way connected to any breach by You, or by any other person using Your Account, of these Terms of Use, or otherwise arising from the use of the Site, Services or Deliverables, including, without limitation, reasonable attorney fees. You agree to defend, indemnify and hold harmless Lionbridge from any and all costs, expenses, liabilities, actions and fines arising out of, or in any way connected with, the Source Material(s) or other items delivered to Lionbridge under a specific localization or translation project or its use by Lionbridge to perform the Services requested by You, but excluding any infringement of copyright arising solely from the fault of Lionbridge. You shall cooperate as fully as reasonably required in the defense of any claim. Lionbridge reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
1.9 Lionbridge reserves the right, at its sole discretion, to vary and develop the elements of the Services offered on the Site and to add or delete modules, languages, or any other elements from time to time. Lionbridge also reserves the right to amend these Terms of Use from time to time. We encourage you to review these Terms of Use upon each visit to the Site because any changes will be binding upon you.
2.1 All rights, title, and interest to the Content (defined below) and Services of the Site are exclusively reserved to Lionbridge. You acknowledge that the Site may contain information, communications, software, photos, text, video, graphics, music, sounds, images, methodologies, inventions, innovations, know-how, databases and other material and services (including logos) (“Content”), which are provided by Lionbridge or by licensors of Lionbridge. You agree and acknowledge that the Content and its use, and the use of this Site, are protected by copyright, trademark, and other intellectual property laws, that these rights are valid and protected in all forms, media and technologies now existing or later developed, and that except as specifically provided for in these Terms of Use, Your use of the Content shall be governed and constrained by applicable copyright, trademark and other intellectual property laws.
2.2 The Site is protected by copyright as a collective work and/or compilation, pursuant to United States copyright laws, international conventions and other copyright laws. Except as set forth in these Terms of Use, You may not, in whole or in part, modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section of the Terms of Use), create derivative works from, distribute, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the Content, software, or materials used in connection with the Site.
2.3 Copying or storing of the Content of the Site is expressly prohibited without the prior written permission from Lionbridge. Your use of the Services does not create a license or any other rights in Lionbridge trademarks, copyrights, patent rights, database rights, or sui generis rights, or any other intellectual property or proprietary rights of Lionbridge or its licensors.
2.4 All right, title, and interest in and to the Source Material(s) and, except as hereunder provided, the Deliverable(s) (defined below) upon payment to Lionbridge in full for such Deliverables, and any and all patent rights, copyright, know-how, and trade secrets therein are and remain Your sole and exclusive property.
2.5 With respect to materials licensed by Lionbridge from a third party and contained in the Site (“Third Party Software”), you acknowledge and agree that:
2.6 Any localization tools developed by Lionbridge to perform the Services shall be owned by Lionbridge.
2.7 You acknowledge and agree that the Deliverables may incorporate works owned by third parties including but not limited to run-time libraries and DLLs (“Third Party Content”), and all Rights in such works shall remain with their respective owners subject to any rights or applicable licenses (i) Lionbridge may have to pass along to You, or (ii) that such third parties may grant directly to You, to utilize the Third Party Content.
3.1 The Services offered on the Site include localization services and translation services.
3.2 You can request a localization or translation project by uploading and submitting a work request which may include Source Material(s) to the Site. The final localized or translated version of such Source Material(s) will be referred to as a Deliverable (the “Deliverable”).
4.1 THE SITE AND ITS CONTENTS, THE SERVICES, ANY SOURCE CODE, THE PRE-EXISTING WORKS, THE DELIVERABLES AND ANY OTHER MATERIALS PROVIDED BY LIONBRIDGE OR THIRD PARTIES THROUGH THE SITE, OR AS A RESULT OF THE SERVICES, ARE PROVIDED ON AN “AS IS” BASIS. LIONBRIDGE MAKES NO, AND EXPRESSLY DISCLAIMS ANY, REPRESENTATIONS, CONDITIONS OR WARRANTIES, EXPRESS OR IMPLIED, PAST OR PRESENT, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS AS TO MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OF THE SITE, SERVICES, PRE-EXISTING WORKS OR DELIVERABLES, OR OF QUALITY, PRODUCTIVENESS OR ACCURACY, OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING, WITHOUT LIMITATION, THE ACCURACY, TIMELINESS OR USEFULNESS OF ANY OF THE CONTENT, MATERIALS, TRANSLATIONS OR SERVICES PROVIDED THROUGH THE SITE EVEN IF LIONBRIDGE HAS BEEN ADVISED OF SAME BY YOU. LIONBRIDGE ALSO EXPRESSLY DISCLAIMS THE APPLICATION OF ANY PROVISIONS OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS (ALSO COMMONLY REFERRED TO AS THE VIENNA CONVENTION) AND ANY LAWS INTENDED TO INCORPORATE THE PROVISIONS OF SUCH CONVENTION INTO LOCAL LAWS.
4.2 LIONBRIDGE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY COMPENSATORY, DIRECT OR INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGE, OR ANY LOSS INCURRED (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUES OR LOSS OF DATA) IN CONNECTION WITH YOUR USE OF THE SITE, AND ITS CONTENTS, SERVICES OR DELIVERABLES PROVIDED BY LIONBRIDGE (OR THIRD PARTIES ON BEHALF OF LIONBRIDGE), OR ANY DAMAGE OR LOSS OF ANY NATURE WHATSOEVER DUE TO INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, OR DELAYS IN PERFORMANCE, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF LIONBRIDGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. LIONBRIDGE SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE TO, NOR THE RETURN OF, ANY SOURCE MATERIALS. THE EXCLUSIONS OF AND LIMITATIONS ON LIABILITY CONTAINED IN THESE TERMS OF USE SHALL APPLY REGARDLESS OF THE NATURE OR SOURCE OF THE LOSS OR DAMAGE, WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE.
4.3 LIONBRIDGE MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE, EXPRESS OR IMPLIED, ABOUT THE LOCALIZATION OR TRANSLATION SERVICE, INCLUDING, WITHOUT LIMITATION, AVAILABILITY, ACCURACY, COMPLETENESS OR TIMELINESS OF ANY LOCALIZATION OR TRANSLATION. LIONBRIDGE DOES NOT WARRANT THE AVAILABILITY OF THE LOCALIZATION OR TRANSLATION SERVICE AS SUCH OR FOR ALL LANGUAGE PAIRS AT ALL TIMES. LIONBRIDGE DOES NOT ASSUME ANY RESPONSIBILITY FOR ENSURING THAT ANY DELIVERABLES COMPLY WITH LOCAL LAWS OR WILL BE COMPLETELY FREE OF ERRORS. LIONBRIDGE MAKES NO WARRANTY THAT USE OF THE DELIVERABLES OR USE OF ANY INFORMATION RELATING THERETO OR CONTAINED THEREIN SHALL NOT INFRINGE ANY PATENT, COPYRIGHT, OR TRADE SECRET OR ANY OTHER PROPRIETARY RIGHT OF ANY THIRD PARTY. YOUR CHOICE TO RELY UPON LIONBRIDGE SERVICES IS AT YOUR OWN RISK.
4.4 Lionbridge assumes no liability or responsibility for errors, omissions or ambiguities in the translations provided through its machine translation tool on this Site. In no event is Lionbridge liable for any damages whatsoever arising out of Your use of the machine translation Services on this Site, including direct, indirect, incidental, consequential or punitive damages.
4.5 In no event shall the total aggregate liability of Lionbridge to any person (including Client) relating to the Site, the Services, the Pre-Existing Works, the Deliverables or otherwise arising from these Terms of Use exceed the amount paid by You and received by Lionbridge in consideration of a specific localization or translation project. You agree to defend, indemnify and hold harmless Lionbridge from any cumulative liability to anyone (including Client) which exceeds such limitation.
4.6 Nature of translation:
If you are a copyright owner or an agent thereof and believe any Content or other posted information infringes upon your copyrights, you may submit a notification of claimed infringement under the Digital Millennium Copyright Act (“DMCA”) containing the following information:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of a copyright interest that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
(iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;
(v) A statement that you have a good faith belief that the disputed use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and made under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our Designated Copyright Agent to receive notifications of claimed infringement is:
Lionbridge Technologies, Inc.
1050 Winter Street, Suite 2300
Waltham, Massachusetts 02451 USA
Attention: General Counsel
By Telephone: +1 781.434.6000
By Fax: +1 781.434.6057
By E-Mail: copyright@lionbridge.com
Please send only DMCA notices to our Designated Agent.
You acknowledge that if you fail to comply with all of the above requirements of this Section, your DMCA notice may not be valid.
6.1 It is strictly forbidden to link directly to the Services offered on the Site, without the express written permission of Lionbridge. A hyperlink to the general URL for the home page of the Site shall be permitted, provided You do not infringe Lionbridge's proprietary rights and You abstain from deep-linking or any other unlawful reference. Framing the Site with links, advertisements and/or other information not originating from the Site is expressly prohibited.
6.2 If you contract with Lionbridge via e-mail, or more generally via a computer network, or any other similar means of communication, You acknowledge that these means of communication possess, notably in terms of evidentiary force, the same validity as that conferred by a writing in a hard copy. You agree not to challenge the enforceability of any contract made with Lionbridge by reason that such contract was made using e-mail, a click-through process or through other electronic means.
6.3 The obligations of the parties under these Terms of Use, which by their nature would continue beyond the termination or cancellation of these Terms of Use, shall survive such termination or cancellation.
6.4 If any part of these Terms of Use is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms of Use shall continue in effect.
6.5 The failure of either party to insist, in any one or more instances, upon the performance of any of the terms or conditions of these Terms of Use, or to exercise any right hereunder, shall not be construed as a waiver of the future performance of any such term or the future exercise of such right.
6.6 Lionbridge reserves the right to change these Terms of Use at any time. Such modifications shall be effective immediately upon posting. You agree to review these Terms of Use periodically to be aware of such modifications, and Your continued access or use of the Site or Services shall be deemed to be Your acceptance of the modified agreement. Except for any revised versions of these Terms of Use which are posted on the Site, any other modification or amendment of these Terms of Use shall not be enforceable against Lionbridge unless evidenced by a signed writing executed by Lionbridge.
6.7 These Terms of Use shall be governed by, enforced and construed in accordance with the laws of the Commonwealth of Massachusetts, USA. Use of the Site or Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including, without limitation, this paragraph.
6.8 The parties hereby confirm their express wish that these Terms of Use and all documents relating thereto be drawn up in English only. Les parties aux présentes confirment leur volonté que le présent contrat de même que tous autres documents s'y rapportant soient rédigés en anglais seulement. In the event any non-English translation is provided of these Terms of Use, such translation shall be deemed provided for convenience purposes only, and the relationship between the parties shall be interpreted and enforced in accordance with the English language version of such Terms of Use.
6.9 These Terms of Use is the entire agreement with respect to its subject matter and supersedes all prior or other proposals, understandings, agreements or other communications between the parties, whether oral or written, including but not limited to any material posted on the Site.
Copyright © 2006-2018. Lionbridge Technologies, Inc. All rights reserved. Lionbridge, Lionbridge Laⁱnguage Cloud™, GeoFluent and Translation Workspace are trademarks of Lionbridge Technologies, Inc. in the United States and/or other countries. Microsoft and the Passport sign-in and sign-out logos are either registered trademarks or trademarks of Microsoft Corporation in the United States and/or other countries. All other trademarks are registered trademarks or trademarks of the owner of the Third Party Software.