Terms of service

Definitions

The Website refers to the website iberiktranslations.com. References to the Company should be understood to encompass the single-member LLC incorporated in the state of Indiana known as “Iberik Translations, LLC” and the Company’s members, employees, officers and agents. Services are to be understood to mean “translation, editing, subtitling or any other task that the Company performs on behalf of a Client and documents or files that have been created by labor performed by the Company.”

Anyone who views or uses the Website is considered a User. Furthermore, any person or organization that sends emails, documents or files to the Company, or that corresponds with the Company by any means, is considered a User. Any person or organization who contracts for Services is considered a Client.

Scope

The purpose of the Website is to inform Users about the Services the Company offers and to allow Users to contact the Company. These terms of service (hereinafter “Terms”) describe the acceptable uses of the Website and the Services.

The Company reserves the right to modify these Terms and the content of the Website at any time. Additionally, the Company is not obligated to give prior notice of such changes except as required by law. The existence of the Website and accessibility of these Terms through the Website is to be considered sufficient notice of Website content and terms of use.

All Users agree to comply with the Terms as described in this document. In the event that a User violates the Terms or any applicable law or regulation, the Company may restrict or prohibit the User’s access to the Website, Services and media that the Company may control or be associated with, such as pages and profiles on social media.

Components of these Terms are to be considered severable. If any part of these Terms is found to be invalid, the remaining parts will remain valid.

Prohibited Use

Prohibited uses of the Website and Services are:

·         Using the Website or Services for any illegal purpose;

·         Gaining unauthorized access to the Company’s data or the data of other Users or Clients;

·         Altering, modifying, adapting, reverse engineering, decompiling, disassembling or hacking the Company’s intellectual property or the intellectual property of any Client or User;

·         Creating, modifying or altering another website to falsely imply that it is associated with the Website or the Company;

·         Adding, removing, modifying or altering content on the Website without explicit written permission from the Company;

·         Using or exporting the Company’s products, services or information in violation of U.S. law and regulations and/or the laws and regulations to which the User or Client is subject;

·         Using the Website or Services to unlawfully transmit intellectual property, software or technical data to restricted individuals or companies;

·         Using the Website or Services to transmit content that could be deemed unlawful, threatening, harassing, racist, abusive, libelous, pornographic, vulgar, defamatory, obscene, indecent or otherwise inappropriate, including any messages constituting or encouraging criminal conduct;

·         Breaching or attempting to breach the Website’s security systems;

·         Enabling third parties to violate these Terms.

No Unlawful or Prohibited Use: Company Indemnity

It is the responsibility of the User/Client to ensure that all information the User/Client submits or transmits to the Company complies with the law. Additionally, it is the responsibility of the User/Client to use Services in a way that complies with the law. The Company will not be held liable for misuse of the Website or Services on the part of a Client or User. If claims, litigation or any other legal proceeding is brought by a third party against a User or Client, the User/Client will indemnify and hold harmless the Company and its members, employees, officers and agents as to all damages, losses or expenses of any kind, including reasonable legal fees and costs related to such claims. This includes legal actions relating to intellectual property which result from unauthorized contact with the Company or the unauthorized contracting for Services.

By sending or transmitting data or documents to the Company by any means (including but not limited to the contact form on the Website, email, telephone, WhatsApp message and social media platforms), the User/Client affirms that a) he/she is the exclusive owner of the data or documents, or has the proper licenses, consents or permissions to use or share those data or documents; and b) to authorize the Company to perform Services on the data or documents. The User/Client also affirms that he/she is authorized to transmit the data or documents to the Company through the means through which they make that transmission, and that using such means of transmission is in compliance with the data protection policies to which they are subject.  

The Company will be exempt from lawsuits, litigation, claims or any other legal action relating to a Client contracting for Services without proper authorization, including any intellectual property actions.

The Company is exempt from any type of liability derived from the content of the Website whenever this content has been posted, manipulated or added by a party other than the Company.

Company Intellectual Property

If the Company provides a translation for a document that is not the intellectual property of the Client, the Company reserves the right to sell that translation to other buyers. For example, if a Client hires the Company to translate a journal article of which the Client is not the copyright owner, and another Client requests a translation of the same article, then the Company may sell the same translation to the second Client. The Company has no obligation to inform the first client of such a transaction, except as required by law.

All content on the Website is the intellectual property of the Company or appears with the permission of the copyright owner. Users are not permitted to use text, images, graphics, logos, video clips or any other content that appears on the Website without the written permission of the copyright owner.

Links to Third-Party Sites

The Website may contain links to other sites. Those links are for reference purposes only and the Company does not control the content or privacy practices of those websites. The Company makes no guarantee or warranty about the destination of those links, the content on those websites, the privacy policies of those websites, or any feature or practice of those sites or the organizations that control them.

Choice of Forum

All claims, litigation or legal proceedings that Users or Clients bring against the Company must be brought in the United States of America, in the state of Indiana, in Monroe County. If an appropriate venue is not available in Monroe County, then the forum shall be the appropriate venue that is closest to Bloomington, Indiana, USA. The User/Client agrees to waive any objection to this forum on the grounds that it is inconvenient.