Developers Terms and Conditions

Last update: 3 Dec 2012

GENERAL TERMS

Tethras is a website service created in order to provide full product localization and publishing services through the Internet. If you wish to be registered, engage in transactions with other members and use the services, available at the Site, read the following conditions and confirm your consent. This is a legal agreement ("Agreement") between you and Tethras, Ltd. (the "Owner"), which will apply to you in respect of any and all services offered by or acquired (the "Services") from the Tethras Website (the "Website").

This Agreement sets forth the Terms and Conditions governing the access and use of our Website, including the provision of localization services. This agreement may be changed at any time by the owner. It is the sole responsibility of the user to check, from time to time, the current version of the agreement. The user waives any claim regarding this issue. Use of this Website and its Services signifies the acceptance of the following Terms and Conditions. If you do not agree with these Terms and Conditions, please do not provide Tethras with any information and do not use Tethras Services or this Website. Your continued use of Tethras Services or this Website in light of changes to this statement or to the relevant principles will signify your acceptance of the changes.

When you register on the Website, you are asked to create your own profile. Your profile includes, but is not limited to, personal information such as your user name, your email and general information you wish to disclose about yourself. Upon successful registration, you become a member of the Website (a "Member"), and for as long as you remain a Member, you agree to comply with the applicable Terms and Conditions of this Agreement (the "Terms"). In case you only visit the Website and you do not register as a Member (a "User"), you are still obliged to some of the conditions and terms of this agreement.

Website members can be Service Buyers, Service Providers or both at the same time. The owner and you may terminate this agreement at any time, for any reason whatsoever, effective upon sending written notice to the other party by electronic message (i.e. email). The corresponding decision by the owner takes effect at the moment of sending such a notice to the electronic address, provided by you during registration, or to any other email address, provided by you to Tethras. If you send a notice of termination, the corresponding decision by the owner takes effect within several days. Your membership shall concurrently terminate, without an obligation to make a payment, rebate or refund on the part of the Owner. The Owner does however reserve the right to suspend or terminate your membership at any time, without notice, if you breach this agreement or any other Terms and Conditions posted on the Website. The Owner assumes no responsibility whatsoever for your use of the Website and/or Services. It is for your sole, personal use and you may not distribute your username and password allowing others to use the Services through your membership.

AGE RESTRICTIONS

Use of the Services is strictly prohibited to minors or any person under the legal age in his or her country and prohibited to any person under the age of 18. If you misrepresent your age, your registration as a member will be cancelled. By using the Site, you confirm and guarantee that you meet age restrictions requirements.

DESCRIPTION OF SERVICES AND PAYMENTS

Service Buyers may enter and receive a quote for product localization into a number of languages. Orders for localization are received into a database system where Service Providers may view and start localization jobs. On completion of a job, Service Buyers may view a preview of the translated text. At this point they may reject or accept the text. If a Service Buyer does not accept or reject a translated text within 48 hours of being notified of its completion, it will be automatically accepted.

Tethras reserves the right to suspend a payment if the source of the funds is suspected to be fraudulent. Any funds received from an account having made a fraudulent deposit (e.g. stolen credit card) will be reversed immediately. If in a fraudulent payment situation a payment has already been processed, you will be expected to return the funds to Tethras account or face account termination. Any member of the site that Tethras removes from the service due to violation of the Terms and Conditions risks not receiving credit and/or payment.

DELIVERY

Any dates provided for delivery of the Localized product, or the dates for carrying out the Services, are approximate only and, unless otherwise expressly agreed by us, time is not of the essence for delivery or performance, and no delay shall entitle you to reject any delivery or performance or to repudiate the Contract. We will not be liable in any circumstances for the consequences of any delay in delivery or performance or failure to deliver or perform if the duration of the delay is not substantial or if the delay or failure is due to late delivery or performance or non-delivery or non-performance by suppliers or subcontractors, shortage of labour, an act of God, fire, inclement or exceptional weather conditions, industrial action, hostilities, governmental order or intervention (whether or not having the force of law) or any other cause whatsoever beyond our control or of an unexpected or exceptional nature. Posting or delivery to a carrier (including post, facsimile, email) for the purpose of transmission to you shall, for the purposes of the Contract, constitute delivery to you. Risk on the Localized product shall pass to you on delivery. We may deliver by instalments in such quantities as we may reasonably decide; such installments shall be separate obligations and no breach in respect of one or more of them shall entitle you to cancel any subsequent installments or repudiate this contract as a whole.

TETHRAS RESPONSIBILITY AND LIABILITY

The Services shall be carried out using reasonable skill and care in accordance with the standards of the industry. We shall use all reasonable skill and care in selecting translators, interpreters, Q.A., Testing, publishers and other personnel used to produce the Localized Product and perform the Services. No terms, conditions or warranties, whether express or implied, about the quality or fitness for purpose of the Services or the Localized Products shall be incorporated unless expressly set out in the Contract. We shall incur no liability to you for innocent or negligent misrepresentation by virtue of any statement made by or on behalf of us prior to the Contract, whether orally or in writing, and you shall not be entitled to rescind the Contract on the grounds of any such misrepresentation. We do not warrant that the Localized Products will meet your specific requirements and, unless otherwise agreed, we do not warrant that the operation of any Localized Products sent to you will be uninterrupted or error free. Furthermore, we do not warrant that or make any representation regarding the use of the Localized Products in terms of their accuracy, correctness, reliability or otherwise.

You acknowledge that any Original Works and Localized Products submitted by and to you over the Internet cannot be guaranteed to be free from the risk of interception, even if transmitted in encrypted form, and that we have no liability for the loss, corruption or interception of any Original Works or Localized Products. Save in respect of death or personal injury resulting from our negligence and subject to clause 5.8, our liability to you in respect of the provision of the Services and/or the Localized Products shall be limited as follows: We shall not be liable for loss of profits, business, contracts, revenue, damage to your reputation or goodwill, anticipated savings, and or any other indirect or consequential loss or damage whatsoever. Our entire liability to you under any Contract, including but not limited to in respect of the Services and the Localized Products, shall not exceed the price payable to us by you under the Contract to which any claim relates.

During the project initialization phase, a Tethras representative may contact you with any queries arising from unclear source text or any discrepancies therein. The product cannot enter translation until all queries are resolved. This is a vital stage in our quality process and any deviation from this process can result in poor quality translations to which Tethras cannot take responsibility.

You must notify us within 3 days of delivery of the Localized Products of any claim arising out of the provision of the Services and /or the Localized Products, together with full details of such Claim. In any event, we shall not be liable to you if you fail to notify us of any Claim within a reasonable time of delivery of the Localized Products. You must notify us within 3 days of delivery of the Localized Products of any alleged inaccuracies in the Localized Products, at which point our liability will be no more than to rectify any such alleged inaccuracies, that we feel to be justified, to our satisfaction. At no time will such allegations delay payment. Localized Products shall be limited as follows: We shall not be liable for loss of profits, business, contracts, revenue, damage to your reputation or goodwill, anticipated savings, and or any other indirect or consequential loss or damage whatsoever. Our entire liability to you under any Contract including but not limited to in respect of the Services and the Localized Products shall not exceed the price payable to us by you under the Contract to which any claim relates.

Where localized terms are provided, Tethras takes no responsibility for any length restriction breaches except where the customer has provided clear and precise instructions as to the expected length of the translation. Due to the nature of localization, some terms may not be suitable for restrictive length translations. Where this occurs Tethras will offer the customer an alternative translation that may not match the English source string 100%.

Where the customer does not provide clear and precise string length limitations, any and all changes requested after the files have been delivered to the customer will be charged at full word rate.

INTELLECTUAL PROPERTY

All Intellectual Property Rights (including, but not limited to copyright) in the Original Works and the Localized Products shall vest in you (or your licensors) but, for the avoidance of doubt, you hereby grant to us (and our sub-contractors) a license to store and use the Original Works and the Localized Products for the duration of the Contract and for the purposes of providing the Services to you.

DISPUTE RESOLUTION

Any disputes regarding arrangements between Service Providers and Service Buyers will be resolved by the owner solely. You hereby release Tethras from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, related to such a dispute.

ACCESS AND PROPERTY RIGHTS

  1. As long as you comply with this user agreement, you are authorized to access, use and make a limited number of copies of information and materials available on this Website only for purposes of your personal use. Any copies made by you must retain without modification any and all copyright notices and other proprietary marks. The pages and content on this Website may not be copied, distributed, modified, published, or transmitted in any other manner, including use for creative work or to sell or promote other products. Violation of this restriction may result in infringement of intellectual property and contractual rights of Tethras and could result in substantial civil and criminal penalties. Tethras and other identifying marks of Tethras are proprietary to Tethras. You may not use these marks for any purpose without the express prior written consent of Tethras. Except as expressly set forth above, User agreement does not grant you any express, implied or other license or right under any patent, trademark or copyright of Tethras.
  2. The contents of this Website are protected by copyright and may not be copied or otherwise reproduced without Tethras's written permission except as expressly set forth above. Users/members may not publish or create derivative works from the contents of this Website for any public or commercial purposes. Member/User Representations and Warranties.
  3. As a member/user:
    1. You will only use the Website and the Services in a manner that is accepted and legal according to all applicable laws and regulations.
    2. You will adhere to our acceptable use policies and all other Terms and Conditions relating to your usage of the Services in respect of the Website, and will not transmit junk messages, advertisements or any type of solicitation whatsoever of any products or services to any other Members of the Service.
    3. You are strictly prohibited from attempting to negotiate the fee for a project with another member directly (outside of Tethras.com) after that project has been created/opened and before that project has been closed (basically, during an ongoing project). This also applies to any project that was closed without translation results delivered by the service provider. We believe our commissions are very fair and justified for the service we provide, therefore we will absolutely not tolerate any of this activity on Tethras.
    4. You will not in any way copy, modify, publish, transmit, display, sell, distribute or reproduce copyrighted material, trademarks or other protected proprietary information without the express written consent of the owner of such materials.
    5. By posting information or content to any public area of the Services, you automatically grant, and you represent and warrant that you have the right to grant the Owner and other Members an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
    6. Your use of the service is strictly at your own risk and you are solely responsible for your contact, whether it be written, verbal or in person, with any other Member/User of the Service. The Owner and its officers, directors, employees, agents, affiliates and third parties assume no responsibility whatsoever for harm that may come to you as a result of your contact (of any form) with any other Member/User of the Service (including but not limited to emotional, verbal and physical abuse or assault).
    7. You will not communicate, publish or display to any other member/user any form of defamatory, slanderous, offensive, inaccurate, abusive, profane, obscene, sexually offensive, threatening, harassing, racist, or illegal material, including but not limited to nude photos of yourself or others, pornographic photos or images and any other type of unlawful or unacceptable material, as decided by the Owner. The Owner reserves the right to remove any such material from the service without notice.
    8. You will not engage in, and the Owner is not be responsible for, any form of harassment, offensive or abusive behavior of any kind whatsoever that may be harmful to any other Member/User of the service (including but not limited to physical and emotional damage).
    9. You will not use the Website, Services or your profile for any purpose other than translation services.
    10. Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email, forwarding commercial or other offers to other Members by this Website or by email or other means external to the Website, and unauthorized framing of or linking to the Website will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
    11. In order to protect our Members/Users from improper advertising or solicitation, and to maintain usage integrity on the Website, we reserve the right to restrict access by all Members to all or certain elements of the Services on a per-action basis, such levels to be determined in our sole discretion, whether determined in respect of a 24 period or otherwise.
    12. You agree that we reserve the right change any of the terms, rights, obligations, privileges or institute new charges for access to or continued use of Services at any time, with or without providing such notice as the Website may determine appropriate. All changes will be posted online or may be emailed to you at the Owner's discretion, and you are responsible for reviewing the information and terms of usage as may be posted regularly to obtain timely notice of such changes. Continued use of the Services or non-termination of your membership after changes are posted or emailed constitutes your acceptance or deemed acceptance of the terms as modified, regardless of whether the notice or email was successfully received, read, or lost during transmission.
    13. You will defend, indemnify, and hold harmless the Owner, its officers, directors, employees, agents, affiliates and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees on a solicitor and his own client basis) relating to or arising out of your use of the Website or Services, including any breach by you of the Terms of this Agreement or other Terms and Conditions posted on the Website.
    14. Please note you may be involuntarily exposed to offensive or obscene materials that may have been posted by Members/Users, hackers or unauthorized users. Please note that it is possible for others to obtain your personal information and use it to engage in an action that may be harmful to you or injure you. The Owner is not responsible for the use of any personal information that you choose to display, publish or distribute to other Members/Users.
    15. The owner reserves the right but has no obligation, whether on the basis of complaints or on its own initiative, to monitor any messaging or other activity and the materials posted in the public areas of the service, and to review usage, activity or the content of any messages, materials or other interchanges which are otherwise posted, sent or transmitted via the Website.
    16. The owner shall have the right in its sole discretion to remove any material or profiles, regardless of whether the owner determines that such materials or profiles violate, or are alleged to violate, the law or this agreement.
    17. Notwithstanding the foregoing, the owner does not undertake to monitor, control or edit any communications between its members, and such communications may be offensive to you. You assume full responsibility and you assume all risk for the use of the Services, and you are solely responsible for evaluating the accuracy, completeness, and usefulness of all Services, products, communications, and other information.
    18. All communications between members are at the member's/User's sole control and risk.
    19. In no event the owner or its affiliates will be liable for any incidental, consequential, or indirect damages (including, but not limited to, any deaths, threats, torts or injuries committed by any other users, damages for loss of data, loss of programs, cost of service interruptions or procurement of substitute Services) directly or indirectly arising out of the use or inability to use the Services, even if the owner, his agents or representatives know or have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, the liability to you by the owner, its affiliates, for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you for the service during the term of membership.
    20. Under no circumstances will the Owner, or its affiliates be responsible for any loss or damage resulting from your use of the Service, your reliance on information or other content posted on the Service, or transmitted to members.
    21. You will not use any automated collection mechanism or any manual process to monitor or copy the web pages comprising the Tethras.com Website or the content contained therein without the prior written permission of the Owner.
    22. You will not create multiple user accounts to avoid fees, suspension or bad ratings on Tethras.
    23. You will not contact users or members or freelance translators or translation companies through our site or through information gained from our site with the intent of subverting them from using our Services.

OWNER RESPONSIBILITIES

Neither the Owner nor its affiliates guarantee the accuracy, completeness, or usefulness of any information on the Website, and neither adopts nor endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made. The Services are provided on an "as is" basis without any warranties or conditions of any kind, express, implied, statutory, in all communication with the owner, its affiliates or its representatives, or otherwise with respect to the Services. The owner and/or its affiliates specifically disclaim any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Neither, the Owner nor its affiliates warrant that your use of the Services will be secure, uninterrupted, always available, or error-free, or will meet your requirements, or that any defects in the Website will be corrected. The owner and its affiliates disclaim all liability, regardless of the form of action, for the acts or omissions of other members or users (including unauthorized users, or "hackers") of the Website or Services.

LAWS AND REGULATIONS

This agreement shall be governed by, construed and enforced in accordance with the laws of Ireland. Any disputes or legal proceedings arising out of or relating to this Agreement shall at the Owner's election be determined via arbitration under the jurisdiction of the courts of Ireland.

MISCELLANEOUS

This version of the agreement was created on 3 Dec 2012. This agreement contains the entire Agreement regarding the use of the Website and its Services. This agreement may only be amended with the express consent of the Owner. Unless otherwise explicitly stated, the Terms will survive termination of your membership to the Services. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. Your profile information, as well as your photo, may be displayed to other users of the Website. If you post personally identifiable information in areas of the site accessible to other users, you should be aware that such information can be read, collected, or used by other users, and could be used improperly (including for example to send you unsolicited messages). We are not responsible for the personally identifiable information you choose to submit in these Website areas or for any damage that can be done as a consequence.