Welcome to ConveyThis! Our website translation tools ("ConveyThisWidgets"), including the code, graphics, and documentation, are made availableto you and your end users for free (at no cost) provided that you agree to thefollowing terms and conditions:
BY CLICKING THE "Create Account" BUTTON YOU ARE ELECTRONICALLY AGREEING TO THESE TERMS OF SERVICE ("Terms" or "Agreement"). Ifyou do not agree, you may not sign up and use the ConveyThis Widgets.
- About these terms. These Terms, which you are electronically accepting online, govern your use of the ConveyThis widgets and serve as a legally-binding agreement between you and us. We use the term "you" to mean you as an individual or entity and "we" or "us" to mean Voolkan Online Technologies LLC, which provides the ConveyThis Widgets and services. You also agree that we may supply you with important information and terms either by posting such notices online or through email.
- Changes. These Terms may change from time to time. By using the ConveyThis Widgets after we any such changes to this Agreement are posted, you accept the Terms as modified. You should therefore check these terms regularly to learn about any changes.
- Registration. Registration is not required to access and use the ConveyThis Widgets but is strongly recommended. You will receive Translation Statistics tracking free (at no cost) and we will inform you of any significant changes or enhancements to ConveyThis. In order to register you must complete the registration process using information about you that truthful, current, and complete.
- Eligibility. ConveyThis Widgets are available only to (a) individuals who are capable of legally entering into contracts and (b) other organizations (such as corporations) that can form legally-binding contracts under law. If you are ineligible, you may neither sign up nor use the ConveyThis Widgets. We may refuse to offer the ConveyThis Widgets to any individual or organization and may change our eligibility criteria at our sole discretion at any time. We retain the right to terminate your account and your rights to use the Service for any reason, including but not limited to, if we believe that any data you provide at registration is or becomes inaccurate, untrue, outdated, or incomplete or if we believe in our discretion that you are in violation of this Agreement.
- Your responsibilities. You must use the ConveyThis publisher site located at http://www.conveythis.com/get_button.php or one of ConveyThis’ authorized distributors to get the ConveyThis tool and/or code. You may not copy code from any other site using the ConveyThis Widget, other than your own Site. You may not use the ConveyThis Widgets in any manner that violates any applicable federal, state, or local, or the proprietary or contractual rights of others. You are solely responsible for all resources and materials that appear on your Site or are needed to operate and develop your Site. You must back up any data and files that you desire to keep at your own expense.
- Ownership rights. We and our licensors own the ConveyThis Widgets. The ConveyThis Widgets are protected by international copyright and other intellectual property laws and treaties. All rights not granted to you specifically are reserved by us and our licensors. Do not remove proprietary notices. You may not decompile, disassemble, or reverse engineer any aspect of the ConveyThis Widgets, nor may you adapt or create derivative works from the ConveyThis Widgets. You may not help any one else to do any of the things prohibited by this paragraph.
- About our software. Any software provided by us is a "commercial item" as defined in 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation," as such these terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 27.405(b) (2) (June 1998) and 48 C.F.R. 227.7202, all U.S. Government end users acquire the software with only those rights as set forth herein.
- Export Laws. You agree to obey, at your own expense, all applicable laws that regulate or prohibit the export of our software and technologies to certain countries and persons, and assume sole responsibility for any unauthorized exportation.
- User Data. We will retain all data and information collected or obtained by us through our networks from ConveyThis Widgets users.
- Sharing content. You grant us solely as necessary to provide the content through the ConveyThis Widgets and service, a worldwide, non-exclusive, assignable, fully paid-up, and royalty-free license to display, reproduce, distribute and perform (if applicable) your content through the ConveyThis Widgets and network. We will not claim ownership of any materials or content on your Sites; by offering the ConveyThis Widgets on your Site, you agree to allow others to view and share your materials. We welcome comments, suggestions, and feedback from our users ("Suggestions"). However, if you provide any Suggestions to us, you agree that we may use your Suggestions in any manner as we determine in our discretion without compensation or limitations of any kind.
- Promotions. All right, title and interest in and to the advertising and promotional spaces within the ConveyThis Network is owned by ConveyThis.
Rules of conduct. You may not use the ConveyThis Widgets in connection with any Web sites that:
You may not submit anything that is you know is inaccurate. We may take any legal and technical remedies to prevent the violation of this Agreement.
- violate any applicable laws, regulations or ordinance;
- encourage conduct that gives rise to civil liability or that would constitute a criminal offense;
- violate or infringe the rights of others, including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;
- promote unlicensed sales of products or services, including without limitation, alcohol, prescription drugs or professional services;
- victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- are threatening, abusive, harassing, hate material, defamatory, libelous, deceptive, fraudulent, obscene, pornographic, invasive of another's privacy, tortious, or contains explicit or graphic descriptions, or accounts of, sexual acts;
- contain viruses, Trojan horses, time bombs or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
- promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, pornography, prostitution, cigarettes, or firearms;
- offer, promote or encourage betting or wagering prohibited by law;
- impersonate any person, business or entity, including our employees and agents;
- violate this Agreement, guidelines, the anti-spam terms below, or any policy posted on the service; or
- interfere with the use of ConveyThis by others.
- No Spam. The ConveyThis Widgets may not be used directly or indirectly to transmit spam or other forms of unsolicited bulk communications. We may take any legal or technical remedies to prevent unsolicited bulk communications from entering, utilizing, or remaining within our network system. We may terminate your use or access of the ConveyThis Widgets immediately and take any other legal action if you, or anyone using your access to the ConveyThis Widgets, violates these provisions.
- Representations and Warranty. You represent and warrant that you own or otherwise control all of the rights to the content and material that will be shared or access through the ConveyThis Widgets on your Sites. You warrant and represent that (a) you own or have rights to use the materials and content on your Sites (b) each person depicted in any image on your Site, if any, has provided consent to the use of the image on your Site. Each party represents and warrants to the other party that (i) such party has the full power, authority, and corporate right to enter into the Agreement and to perform the acts required under the Agreement, (ii) the performance and execution of the Agreement by such party do not and will not violate any agreement to which such Party is a party or by which it is otherwise bound, (iii) when executed and delivered by such party, the Agreement will constitute the valid, legal and binding obligation of such party.
- Content by others. We are not responsible for content on the Internet. We are not liable for content or materials that are translated through the ConveyThis Widgets. We are not responsible for content shared or provided by others and we have no duty to pre-screen such content.
DISCLAIMER OF WARRANTIES.
We provide the ConveyThis Widgets "as-is," "with all faults" and "as available." WE GIVE NO EXPRESS WARRANTIES OR GUARANTEES. WE DISCLAIM ANY IMPLIED WARRANTIES, INCLUDING THOSE OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT AND NON-INFRINGEMENT. WE, OUR SUPPLIERS AND DISTRIBUTORS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE CONVEYTHIS WIDGETS WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE CONVEYTHIS WIDGETS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE CONVEYTHIS WIDGETS WILL BE CORRECTED.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US OR YOUR USE OF CONVEYTHIS IS TO DISCONTINUE YOUR USE OF THE CONVEYTHIS WIDGETS. WE, OUR OWNERS, SUPPLIERS, DISTRIBUTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON THE CONVEYTHIS WIDGETS, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
- Indemnification. You agree to defend, indemnify, and hold harmless us, our owners, employees, representatives and agents from all liabilities, claims, and expenses, including any attorney's fees, that arise from your use or misuse of the ConveyThis Widgets.
- Remedies. You acknowledge that your breach of this Agreement may cause irreparable harm to us, the extent of which would be difficult to ascertain. Accordingly, you agree that we will have the right to seek immediate injunctive relief in the event of a breach of such sections by you or any of your officers, employees, consultants or other agents, in addition to any other remedies to which we may be legally entitled.
- General Terms. These terms make up the entire agreement between you and us regarding your use of the ConveyThis Widgets. We may assign this Agreement at any time, with or without notice to you. You may not assign any part of this Agreement to any other person without our prior written authorization. You agree that the laws of New Jersey govern these terms and any claim or dispute that you may have against us. You further agree that any disputes or claims that you may have against us will be resolved by a court located in Jersey City, State of New Jersey, and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. The remainder of these terms will continue in force and effect if a court finds that any provision or portion of these terms is unenforceable for any reason.
Last Updated: September 9, 2009