Terms of Service

Terms of Service.

The following terms and conditions govern all use of the LanguageDesk.com website and all content, services and products available at or through Languagedesk.com (Website). The Website is owned and operated by Milengo, Inc. (Milengo). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, LanguageDesk’s Privacy Policy) and procedures that may be published from time to time on this Site by Milengo (collectively, the Agreement).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Milengo, acceptance is expressly limited to these terms. The Website is available only businesses and their employees.

Your LanguageDesk Account.

Milengo offers LanguageDesk to facilitate the translation of content (Projects) by connecting users on the Site to either translation services provided by Milengo or a third party service specified by the user. As a condition of use, you agree not to use LanguageDesk for any purpose other than those expressly permitted by the Terms of Use.

LanguageDesk (including, without limitation, any Content or User Submissions (both as defined below) is provided only for your own internal business purposes. You are responsible for all of your activity in connection with LanguageDesk.  For purposes of the Terms of Use, the term Content includes, without limitation, any User Submissions, videos, audio clips, written forum comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by Milengo or its partners on or through LanguageDesk.

If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify Milengo of any unauthorized uses of your account or any other breaches of security. Milengo will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

Registration.

You may browse LanguageDesk.com and view Content without registering, but as a condition to using certain aspects of LanguageDesk you may be required to register with Milengo and select a password and screen name (User ID). You shall provide Milengo with accurate, complete, and updated registration information that will include all the necessary billing information Milengo needs to invoice, collect and distribute payments related to Projects. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your LanguageDesk account. You shall not (i) select or use as a User ID or domain a name of another person with the intent to impersonate that person; (ii) use as a User ID or domain a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a User ID or domain a name that is otherwise offensive, vulgar or obscene. Milengo reserves the right to refuse registration of, or cancel a User ID and domain in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password. You shall never use another user’s account without such other user’s express permission. You will immediately notify Milengo in writing of any unauthorized use of your account, or other account related security breach of which you are aware.

By registering for LanguageDesk, you agree that Milengo may identify you as a customer on Languagedesk.com and use your name in marketing and other promotional materials. Milengo agrees not to use your trademark or logo without your prior written consent.

Projects

LanguageDesk provides you with the ability to create Projects on the Site. Milengo will not have any ownership rights of your Projects, however, Milengo needs the following license to perform translation and related tasks. You hereby grant to Milengo the worldwide, non-exclusive, royalty-free, right to (and to allow others acting on its behalf to) (i) use, host, and otherwise perform translation and translation and related tasks on your behalf (e.g., use, host, transmit, copy, display, feature, distribute and otherwise (Host) the Project, along with all associated copyrightable works or metadata, including without limitation any artwork, photographs, graphics, and descriptive text in connection with your Project. Subject to LanguageDesk’s compliance with the terms of this Agreement and for the sole purpose of completing the Project on your behalf, you hereby grant Milengo for the purposes of completing the Project and its internal business purposes, the limited, revocable, non-exclusive right to download, copy, create derivative works of, display, feature, and distribute (solely to Milengo and to you) the Projects.

Responsibility of Contributors.

This agreement applies to all users of the site or service, including users who are also contributors of content, information, and other materials or services on the site. Provision of LanguageDesk is conditioned on creating an account and shall constitute your acceptance of the terms of the agreement to the exclusion of all other terms. If you create an account, upload files, or otherwise make (or allow any third party to make) material available by means of Languagedesk.com (any such material, Content), you are entirely responsible for the content of, and any harm resulting from, that Content. By making Content available, you represent and warrant that:

  • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
  • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
  • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
  • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
  • the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
  • you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Milengo or otherwise.

General Terms.

Optional paid services are available on the Website (any such services, an Upgrade). By selecting an Upgrade you agree to pay Milengo the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Upgrade fees are not refundable.

Milengo reserves the right to change its price list and to institute new charges at any time, upon ten (10) days prior notice to you, which may be sent by email or posted on the Site. Use of LanguageDesk by you following such notification constitutes your acceptance of any new or increased charges.

As used in these Terms of Use, billing shall indicate either a charge or debit, as applicable, against your Billing Details. The fee for Subscriptions will be billed at the beginning of your Subscription term or expiration of your free trial period, if any, whichever is earlier, and annually / at the beginning of each renewal term thereafter unless and until you cancel your Subscription or the account or service is otherwise suspended or discontinued pursuant to these Terms. To see the commencement date for your next renewal period, go to the billing information section on LanguageDesk Settings page.

Automatic Renewal.

Unless you notify Milengo before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time in the Upgrades section of your site’s settings.

Intellectual Property.

This Agreement does not transfer from Milengo to you any Milengo or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Milengo. Milengo, LanguageDesk, LanguageDesk.com, the LanguageDesk.com logo, and all other trademarks, service marks, graphics and logos used in connection with LanguageDesk are trademarks or registered trademarks of Milengo or Milengo’s licensors. Other trademarks, service marks, graphics and logos used in connection with Languagedesk.com may be the trademarks of other third parties. Your use of Languagedesk.com grants you no right or license to reproduce or otherwise use any Milengo or third-party trademarks.

Changes.

Milengo reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to Languagedesk.com following the posting of any changes to this Agreement constitutes acceptance of those changes. Milengo may also, in the future, offer new services and/or features through Languagedesk.com (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination.

Milengo may terminate your access to all or any part of Languagedesk.com at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your LanguageDesk account (if you have one), you may simply discontinue using Languagedesk.com. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties.

Milengo and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Milengo nor its suppliers and licensors, makes any warranty that Languagedesk.com will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, Languagedesk.com at your own discretion and risk.

Limitation of Liability.

In no event will Milengo, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Milengo under this agreement during the twelve (12) month period prior to the cause of action. Milengo shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty.

You represent and warrant that (i) your use of Languagedesk.com will be in strict accordance with the Milengo Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the European Union or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification. You agree to indemnify and hold harmless Milengo, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of Languagedesk.com, including but not limited to your violation of this Agreement.

Miscellaneous.

This Agreement constitutes the entire agreement between Milengo and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Milengo, or by the posting by Milengo of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of Languagedesk.com will be governed by EU law. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Milengo may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Contact.

You can contact LanguageDesk at the following address: c/o Milengo Limited, Köpenicker Strasse 54, 10179 Berlin, Germany.

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