TERMS
& CONDITONS OF SERVICE .............................................
(Print this page for your records)
International Resource
Development Institute™Last Update: January 16, 2002 The following
Terms and Conditions of Service constitute a legally binding agreement
(the "Agreement") between you ("You" or the
"Client") and International Resource Development Institute
("I.R.D.I.") regarding use of the International Resource
Development Institute.org Web site ("Site") and/or translation
services ("Services") rendered or to be rendered by I.R.D.I.By
accessing or using the Site or Services, You therefore agree to
be bound by these Terms and Conditions of Service. If You do not
wish to be bound by these Terms and Conditions of Service, You may
not access or use the Site or Services.I. GENERAL USAGE CONDITIONS
1.1 The Site is a communications medium by which consumers can have
access to and use Services offered by I.R.D.I.
1.2 Prior to using such Services, You must properly complete the
account registration ("Account"), which is available on
the Site. Only an individual, acting either in his or her individual
capacity or on behalf of a company, may be an account holder on
the Site ("Account Holder"). An Account Holder may only
have one Account, which is non-transferable.
1.3 Account Holder Warranties:
(a) As an Account Holder, You represent and warrant that You are
at least 18 years of age and possess the legal authority to enter
into this Agreement and to use this Site in accordance with all
Terms and Conditions of Service herein. You agree to supervise and
will be responsible for any and all usage of the Site under Your
Account, including any username and/or password associated with
the Account. Any such use shall be deemed to constitute use by You
and must comply with all the Terms and Conditions applicable to
Your use. You also represent and warrant that all information supplied
by You is and will be true and accurate. You agree not to submit
any speculative, false or fraudulent information. You agree that
You will use the Services of this Site only for legitimate and lawful
purposes. Where the Account Holder is a business entity, You represent
and warrant that You have the authority to bind such entity to these
Terms and Conditions of Service and will indemnify I.R.D.I in the
event such entity disputes Your authority to so bind such entity.
(b) You represent and warrant that You own or are the owner or authorized
licensee of the Source Material(s) (defined below) and all components
thereof, and that reproduction, translation, adaptation, and transmission
of the Source Material(s) through the Site or Services shall not
infringe upon any copyright, trademark, patent, trade secret, privacy
or other right of any third party.
(c) By submitting any Source Material(s) to the Site or using the
Services, You thereby represent and warrant that the owner of such
Source Material(s) has expressly granted to I.R.D.I the royalty-free,
perpetual, irrevocable, non-exclusive right and license to use,
reproduce, translate, modify, adapt, publish, transmit, create derivative
works from, distribute, perform and display such Source Material(s)
in an electronic environment or any other medium now known or later
developed to the extent necessary to perform the Services requested
by You.
(d) By using the Site or Services, You agree not to upload to, distribute,
or otherwise publish through the Site, any Source Material(s) that
is harassing, abusive, threatening, libelous, defamatory, obscene,
pornographic, profane, sexually explicit, or otherwise violative
of any law, including, without limitation, any criminal, trademark
or copyright law. You shall not upload Source Material(s) (i) that
encourages or promotes illegal activity, (ii) that discusses illegal
activities with the intent to commit them, or (iii) that may give
rise to civil or criminal liability in any way, or which violates
federal, state, or local laws. You shall not upload materials intended
to be used for the transmission of unsolicited e-mails (spam) or
faxes. You shall not in any manner impersonate anyone else or misrepresent
Your true identity.
(e) You represent and warrant at all times that the Source Material(s)
You upload to the I.R.D.I servers or Site for all Services will
be free from infection or viruses, worms, Trojan horses or other
destructive code.
1.4 As an Account Holder, You must keep confidential and not send
or disclose Your username or password to anybody other than I.R.D.I.
You must not store Your username or password in any form in any
location where either one is capable of being read by anybody other
than Yourself. You must not permit any other person, other than
persons having Your express permission and under Your personal supervision,
to use Your username and password to access and use the Services.
You accept and assume total responsibility for all aspects of use
of the Services by all persons using Your username and password.
1.5 I.R.D.I. reserves the right in its sole discretion to refuse
to provide the Services at any time.
1.6 By using the Site or Services, You agree that I.R.D.I. 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 and Conditions.
1.7 Privacy Policy:
(a) The process for registering as an Account Holder requires Account
Holders to provide I.R.D.I with contact information for the Client.
I.R.D.I. may also collect personally identifiable information at
other times. I.R.D.I. uses the personal data information for two
general purposes: (i) to fulfill Your requests for certain products
and translation services, and (ii) to contact You about special
offerings and new products or services. You can choose to opt out
of receiving non-essential communications from us. Please indicate
this by sending an e-mail to irdiworld@aol.com. I.R.D.I. shall not
distribute, rent, or re-sell the personal data provided by its Account
Holders to third parties. However, I.R.D.I. may send personally
identifiable information to other persons or entities when (a) I.R.D.I.
has Your consent to share such information, (b) I.R.D.I. needs to
share Your information to provide a product or service You have
requested, or (c) I.R.D.I. needs to respond to a court order or
is otherwise required to do so by law. If the Source Material(s)
contain any personally identifiable information about other persons
then You will obtain any required consents from such data subjects
to permit such information to be disclosed to I.R.D.I. and to permit
I.R.D.I. to use, disclose, transmit and export such information
as required in order to perform the Services requested by You.
(b) I.R.D.I. uses a feature of Your Web browser called a "Cookie"
to assign a unique identification to Your computer. Cookies are
files that Your Web browser places on Your computer's hard drive.
I.R.D.I. uses Cookies to store each registered Account Holder's
language preferences and other options that make re-ordering faster.
The Cookies do not store an Account Holder's personal or sensitive
information.
(c) I.R.D.I. does not itself store any credit card information.
Any credit card information collected is transmitted directly to
I.R.D.I.' credit card processor.
(d) An Account Holder shall, at all times, have the right to access
and to review the personally identifiable data processed by I.R.D.I.,
and may amend, rectify or remove such personally identifiable data,
by sending an email to irdiworld@aol.com.
1.8 You hereby agree to indemnify, defend and hold harmless I.R.D.I.
and its past and present officers, directors, owners, agents, information
providers, affiliates, licensors and licensees (collectively, the
"Indemnified Parties") from and against any and all liability
or costs 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 identification,
of these Terms and Conditions, 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 I.R.D.I. from any and all costs, expenses, liabilities,
actions or fines arising out of, or in any way connected with, the
materials, texts, documents, software or other items delivered to
I.R.D.I. under a specific translation request or its use by I.R.D.I.
to perform the Services requested by You but excluding any infringement
of copyright arising from the fault of I.R.D.I.. You shall cooperate
as fully as reasonably required in the defense of any claim. I.R.D.I.
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 I.R.D.I. 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. I.R.D.I. also reserves the right to amend these Terms
and Conditions of Service from time to time. We encourage You to
review these Terms and Conditions of Service upon each visit to
the Site because any changes will be binding upon You.
II. SITE CONTENT AND INTELLECTUAL PROPERTY
2.1 All rights to the Content (defined below) and Services of the
Site are exclusively reserved to I.R.D.I.. You acknowledge that
the Site may contain information, communications, software, photos,
text, video, graphics, music, sounds, images, methodologies, innovations,
know-how, databases and other material and services ("Content"),
which are provided by I.R.D.I. or by licensors of I.R.D.I.. 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
media now existing or later developed, and that except as specifically
provided for in this Agreement, 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 this
Agreement, 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 and Conditions of Service), 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 I.R.D.I.. Your use of
the Services does not create a license or any other rights in I.R.D.I.
trademarks, copyrights, patent rights, database rights, or sui generis
rights, or any other intellectual property or proprietary rights.
2.4 All right, title, and interest in and to the material(s) You
provide to I.R.D.I. or through the Site and/or in order for I.R.D.I.
to perform the Services (“Source Material(s)”) and,
except as hereunder provided, the Deliverable(s) (defined below),
and any and all patent rights, copyright, know-how, and trade secrets
therein are and remain Your sole and exclusive property. By submitting
Source Material(s), You hereby grant to I.R.D.I., or warrant that
the intellectual property rights owner grants, a non-exclusive license
to modify, adapt, translate, exhibit, publish, transmit, reproduce,
create derivative works from, distribute, perform, display or otherwise
use the Source Material(s) in the course of performing the Services.
This license shall terminate upon payment by You in full for the
Services and Deliverables requested from I.R.D.I..
III. SERVICES OFFERED ON SITE (irdiworld.org Web site)
3.1 The Services offered on the Site include Human Translation Services
in which translation is conducted by human intervention ("HT
Services").
3.2 You can request a translation by uploading and submitting Source
Material(s) to the Site. The final translated version of such Source
Material(s) will be referred to as a Deliverable (the "Deliverable").
IV. DISCLAIMERS APPLICABLE TO ALL SERVICES, DELIVERABLES AND USE
OF THE SITE
4.1 THE SITE, THE SERVICES, THE DELIVERABLES AND ANY OTHER MATERIALS
PROVIDED BY I.R.D.I. OR THIRD PARTIES THROUGH IRDIWORLD.ORG, OR
AS A RESULT OF THE SERVICES, ARE PROVIDED ON AN "AS IS"
BASIS. I.R.D.I. MAKES NO, AND EXPRESSLY DISCLAIMS ANY, REPRESENTATIONS,
CONDITIONS OR WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE,
AS TO MERCHANTABILITY, MERCHANTABILE QUALITY, FITNESS FOR A PARTICULAR
USE OR PURPOSE, TITLE, NON-INFRINGMENT OF THE SITE, SERVICES OR
DELIVERABLES, OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION,
WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING, WITHOUT
LIMITATION, THE ACCURACY, TIMELINESS OR USEFULLNESS OF ANY OF THE
CONTENT, MATERIALS, TRANSLATIONS OR SERVICES PROVIDED THROUGH THE
SITE. I.R.D.I. 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 I.R.D.I. SHALL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTY
FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL,
PUNITIVE OR EXEMPLARY DAMAGE, OR ANY LOSS INCURRED (INCLUDING BUT
NOT LIMITED TO LOSS PROFITS, LOST REVENUES OR LOSS OF DATA) IN CONNECTION
WITH YOUR USE OF THE SITE, SERVICES OR DELIVERABLES PROVIDED BY
I.R.D.I. (OR THIRD PARTIES ON BEHALF OF I.R.D.I.), OR ANY DAMAGE
OR LOSS 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 I.R.D.I. HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE OR LOSS. THE EXCLUSIONS OF AND LIMITATIONS
ON LIABILITY CONTAINED IN THESE TERMS AND CONDITIONS OF SERVICE
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 I.R.D.I. MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE, EXPRESS
OR IMPLIED, ABOUT THE DOCUMENT TRANSLATION SERVICE, INCLUDING, WITHOUT
LIMITATION, AVAILABILITY, ACCURACY, COMPLETENESS OR TIMELINESS OF
ANY DOCUMENT TRANSLATION. I.R.D.I. DOES NOT WARRANT THE AVAILABILITY
OF THE TRANSLATION SERVICE AS SUCH OR FOR ALL LANGUAGE PAIRS AT
ALL TIMES. YOUR CHOICE TO RELY UPON I.R.D.I. TRANSLATIONS OR SERVICES
IS AT YOUR OWN RISK.
4.4 In no event shall the total aggregate liability of I.R.D.I.
to anyone (including Client) relating to the Site, the Services,
the Deliverables or otherwise arising from these Terms and Conditions
of Service exceed the amount paid by You and received by I.R.D.I.
in consideration of a specific translation request. You agree to
indemnify and hold harmless I.R.D.I. from any cumulative liability
to anyone (including Client) which exceeds such limitation.
V. I.R.D.I. TRANSLATION SERVICES
5.1 Source Material(s) may only be submitted in the format specified
on the Site. When submitting Source Material(s), You may specify
a requested completion date. I.R.D.I. shall make reasonable efforts
to meet Your requirements; however, late delivery shall not entitle
You to withhold payment for work done. I.R.D.I. EXPRESSLY DISCLAIMS
ALL LIABILITY FOR ANY CLAIMS RESULTING FROM DELAYS IN THE SERVICE.
All Source Material(s) or other property supplied to I.R.D.I. will
be held and processed by I.R.D.I. at Your risk and I.R.D.I. will
not be responsible for the consequential loss or damage thereto.
You should retain copies of all submitted Source Material(s) for
Your records.
5.2 Price Quotes:
(a) When submitting Source Material(s), a quote will be given as
an estimate of the price for the Service to be rendered. As a result,
I.R.D.I. does not have complete control over the quality or accuracy
of the quote given in response to a Service request. In the event
of an actual error in the provision of such quote, I.R.D.I. shall
have the right to rescind any resulting agreement within the timeframe
set out in Section 5.2(d), even if such quote has been accepted
by You.
(b) A quotation is based on a word count (excluding graphics, designs,
background code or the like) of the submitted Source Material(s).
(c) A quotation, once given by the I.R.D.I. server software, may
be accepted by You by clicking the "Finalize your order'' button,
provided that valid Client information (including, without limitation,
Your credit card details) has been entered.
(d) An online quotation is binding unless You are notified otherwise
within two (2) business days of receipt of Your order and the Source
Material(s), provided that the credit card validation process succeeded
and the bank confirmed the availability of the amount necessary
to secure payment of the work at completion.
(e) I.R.D.I. reserves the right to adjust pricing and/or delivery
estimates upon receipt and evaluation of the final Source Material(s)
to be translated. You shall be advised by I.R.D.I. of the estimate
of additional charges or change of delivery date prior to performing
the translation. In the event of a material change in pricing and/or
delivery estimates, I.R.D.I. will provide You with the right to
cancel Your order.
(f) I.R.D.I. reserves the right to refuse a request at its discretion
for any reason or no reason whatsoever, including, without limitations,
reasons relating to the size, usability and/or subject matter of
the Source Material(s).
(g) In instances in which any sales, consumption, value added or
other tax or duty is chargeable, it shall be in addition to the
fee. Additional charges may be made for all expenses incurred by
I.R.D.I. at the request of or by agreement with You, which are not
included in Your confirmation of the order acknowledgement or which
I.R.D.I. considers reasonably necessary for the completion of the
work or any legitimate purpose associated with it.
(h) There is no delivery or shipping charge for deliveries of Deliverables
by I.R.D.I. using electronic mail or the download functionality
from the irdiworld.org Web site contained in Your personal "My
Account History" page. I.R.D.I. EXPRESSLY DISCLAIMS ALL LIABILITY
FOR ANY CLAIMS ARISING OR RESULTING FROM DELAYS IN OR FAILURE OF
DELIVERY.
5.3 Binding Agreement:
(a) Following submission of the Source Material(s) and completion
of the needed information by You online, I.R.D.I. will provide You
with an acknowledgement requesting confirmation of the order. No
contract shall arise concerning a specific submission until such
confirmation is given by You and received and accepted by I.R.D.I..
Each order when accepted constitutes a separate agreement.
(b) If You for any reason request cancellation of a translation
request that You have commissioned, charges will be payable for
all completed work up to the effective date of the cancellation
date and for all other costs and expenses which may occur as a result
of such cancellation. Any request for cancellation must be made
at least seven (7) days prior to the effective date of cancellation
unless otherwise agreed by I.R.D.I..
5.4 Nature of translation:
(a) You agree that a translation is of such complexity that it might
have inherent differences, and You accept that a perfect translation
of a word or sentence might be impossible. I.R.D.I. shall translate
specialized terms by their usual and conventional meanings, and
otherwise make decisions based on I.R.D.I. standard translation
procedures. Technical considerations may dictate variations between
original and translated documents. I.R.D.I. will use its judgment
in the selection of terminology in a given field.
(b) A translation reflects the quality of the original written material.
Where concepts are poorly expressed in the Source Material(s), where
the wrong choice of language has been made, where typographical
mistakes are present, or where the text is incomplete or factually
incorrect, the same inadequacies will appear in the translation.
5.5 All modifications or additions to the Source Material(s) shall
be submitted to I.R.D.I. clearly indicating changes and where they
occur in relation to the previously submitted copy. Pricing and
scheduling for incorporation of Source Material(s) modifications
or additions into the target language translation(s) in progress
shall be determined based on extent and implication of changes and
percentage of work already completed. You shall be advised by I.R.D.I.
of the estimate of additional charges before the changes or additions
are made by I.R.D.I..
5.6 Result of translation - Deliverable:
(a) Upon completion of the translation, You shall receive an e-mail
notification of the result, enclosing the Deliverable(s) as an attachment.
I.R.D.I. IS NOT RESPONSIBLE FOR THE DELIVERY FAILURE OF THIS E-MAIL
NOTIFICATION, INCLUDING, WITHOUT LIMITATION, FAILURE CAUSED BY E-MAIL
ROUTING SYSTEMS, YOUR E-MAIL SYSTEM, ATTACHMENT SIZE LIMITS, AND/OR
E-MAIL GATEWAY PROTOCOL SETTINGS. You can always download the Deliverable(s)
from Your personal "My Account History" page.
(b) I.R.D.I. shall use reasonable efforts to deliver the Deliverable(s)
in the same file format as the Source Material(s). In the event
circumstances impede such service, the Deliverable will be sent
in a TXT (ASCII) text format.
(c) I.R.D.I. shall use reasonable efforts to ensure that each Deliverable(s)
is scanned for viruses using a commercially available virus scanning
software program before it is delivered. However, I.R.D.I. DECLINES
ANY RESPONSIBILITY FOR ANY DAMAGE CAUSED BY A DELIVERABLE DOWNLOADED
BY YOU (VIA E-MAIL OR VIA YOUR “MY ACCOUNT HISTORY”
PAGE). It is the Account Holder's responsibility to check for the
presence of viruses in all Deliverable(s) received.
(d) I.R.D.I. reserves the right to destroy or otherwise dispose
of any document or other property belonging to You which has been
in I.R.D.I.' custody for more than two (2) months following completion
of the work to which it relates.
(e) I.R.D.I. shall use reasonable efforts to complete and deliver
the translation results to You within a commercially reasonable
time frame. As an indication, a Deliverable(s) will be delivered
within forty-eight (48) hours of the start of the following business
day for Source Material(s) of less than 1,250 words, provided the
credit card validation process succeeded and the bank confirmed
the availability of the amount necessary to secure payment of the
work. HOWEVER, I.R.D.I. SHALL NOT BE RESPONSIBLE FOR AND EXPRESSLY
DISCLAIMS ALL LIABILITY ARISING OR RESULTING FROM FAILURE TO COMPLETE
OR DELIVER A TRANSLATION RESULT TO YOU ON ANY CERTAIN DATE OR AT
ANY CERTAIN TIME.
(f) I.R.D.I. shall use reasonable efforts to provide Services in
accordance with industry standards. Should completion of work be
necessary sooner than the normal time required for its proper production,
I.R.D.I. reserves the right to charge supplementary urgency rates
to cover the overtime requirements of I.R.D.I. translators. Should
any other additional costs be incurred, I.R.D.I. reserves the right
to charge for those as well. I.R.D.I. will confirm these with You
prior to proceeding.
(g) I.R.D.I. shall correct the following errors free of charge:
reasonable quantities of omissions, typos, and grammatical mistakes.
You agree that I.R.D.I. shall have no obligation regarding errors
in translations unless I.R.D.I. receives written notification specifying
the error(s) within seven (7) days following delivery of the Deliverable(s)
to You. I.R.D.I.' sole obligation and Your exclusive remedy with
respect to errors shall be the obligation to correct the Deliverable(s)
at no cost to You. I.R.D.I. EXPRESSLY DISCLAIMS ALL OTHER OBLIGATIONS
OR LIABILITY FOR ERRORS IN TRANSLATION.
5.7 Payment terms:
(a) Payment can only be made by a valid credit card. I.R.D.I. currently
accepts American Express, Discover, MasterCard, and Visa. The payment
functionality is handled by 2CheckOut.com™. You hereby authorize
I.R.D.I. to process a charge on Your credit card for the fees quoted
in respect of the Services and any additional fees You authorize.
The maximum encryption strength supported by Your browser is used
for the transfer of all information submitted in Your profile, translation
request details, file uploads and downloads and payment information.
The encryption strength used is 40-bit or 128-bit, depending on
the level supported by Your browser. In the event I.R.D.I. is unable
to collect its fees for the Services using the credit card information
submitted, You agree to immediately pay such fees to I.R.D.I. upon
completion of the Services, that any overdue amount shall bear interest
at the rate which is the lesser of (a) 1.5% per month or (b) the
maximum rate permitted by law. In the event I.R.D.I. is unable to
collect its fees for the Services (a) I.R.D.I. may suspend or discontinue
the Services and/or (b) I.R.D.I. may withhold the delivery of any
Deliverables.
(b) Where non-validation occurs, customers shall be contacted by
I.R.D.I. for order confirmation and payment details prior to the
translation process. I.R.D.I. has the right to take legal action
against the Account Holder in respect of any use of a fraudulent
credit card number on its Site.
(c) The minimal order charge of $35.00 will be applied to the credit
card. Your credit card will be charged upon delivery of the Deliverable(s)
to You by e-mail.
5.8 Term and Termination:
(a) In the event You materially breach this Agreement, I.R.D.I.
shall have the right to terminate the Agreement immediately or any
time thereafter, whereupon You shall pay the full price provided
hereunder for the Services completed and for all work in progress,
as well as all other costs and expenses incurred as a result of
Your breach. In the event that I.R.D.I. materially breaches this
Agreement, You shall have the right to terminate this Agreement,
whereupon I.R.D.I. shall return to You all Source Material(s) and
data supplied by You, together with all translated work that exists
as of the date of termination. Notwithstanding the foregoing, neither
party shall terminate this Agreement based on a material breach
by the other party (with the exception of payment obligations) without
first providing such other party with written notice of the breach
and a period of ten (10) days to cure such breach. Neither party
shall be deemed to be in breach or default of any provision of this
Agreement by reason of a delay, or of a failure in performance due
to any causes beyond its control.
(b) If this Agreement is terminated for any reason, I.R.D.I. is
entitled to a full payment for the work already completed at the
time of the termination, as well as all other costs and expenses
incurred with respect to Your translation request.
5.9 Confidentiality:
(a) I.R.D.I. shall treat all Source Material(s) supplied by You
as confidential.
(b) Absent Your prior consent, I.R.D.I. shall not divulge or otherwise
disclose Source Material(s) to any person other than authorized
translators or authorized subcontractors of I.R.D.I. who are contractually
required to keep such information confidential. The provisions of
this paragraph shall not apply to the extent I.R.D.I. is required
by law to divulge such information or to the extent such information
is or becomes a matter of public knowledge other than by disclosure
by I.R.D.I..
(c) I.R.D.I. shall dispatch the Deliverable(s) to You personally
by means of e-mail . You shall assume all risks involved in delivery
of all Deliverable(s).
VI. DIGITAL MILLENNIUM COPYRIGHT ACT COMPLIANCE POLICY
It is our policy to promptly respond to claims of copyright infringement.
If You believe that an infringing copyrighted work is accessible
on this Site, You may notify our registered copyright agent by sending
the following information to the address listed below:
1. The signature of a person authorized to act on behalf of the
owner of the copyright. This signature can be physical or electronic;
2. A statement that this person is authorized to act on behalf of
the copyright owner;
3. A statement that this person has a good faith belief that the
use of the material in the complained-of manner is not authorized
either by the copyright owner, by the owner's agent, or by law;
4. A description of the copyrighted work that You claim has been
infringed;
5. A description of where the material that You claim is infringing
is located on the Site; and
6. Your address, telephone number, and e-mail address.
We ask that You place the term "Notice of Infringement"
in the subject line of all such notifications, and send the notification
to:
irdiworld@aol.com
We will process and investigate all notices of alleged infringement
as required by the Digital Millennium Copyright Act ("DMCA"),
and will, in accordance with the requirements of the DMCA, remove
or disable access to any material claimed to be infringing or claimed
to be the subject of infringing activity. When we remove or disable
access to any material claimed to be infringing, we may attempt
to contact the user who posted such material in order to give that
user an opportunity to respond to the notification. If the user
posting the material gives a counter-notification claiming that
the use is authorized, we will furnish that counter-notification
to the complaining party, and will give the complaining party an
opportunity to seek judicial relief under the DMCA before we replace
or restore access to any materials.
VII. GENERAL
7.1 It is strictly forbidden to link directly to the Services offered
on the Site, without the express written permission of I.R.D.I..
A hyperlink to the general URL "irdiworld.org" shall be
permitted, provided You do not infringe I.R.D.I.' 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.
7.2 Registered Account Holders may use the feedback form to report
feedback concerning any translation request or the service in general.
7.3 Neither party shall be liable for failure in the performance
of any of its obligations under this Agreement if such failure is
caused by circumstances beyond the control of the party affected.
7.4 The Client who contracts with I.R.D.I. via e-mail, or more generally
via a computer network, or any other similar means of communication,
acknowledges 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. Client agrees not to challenge the
enforceability of any contract made with I.R.D.I. by reason that
such contract was made using e-mail, a click-through process or
through other electronic means.
7.5 The obligations of the parties under this Agreement, which by
their nature would continue beyond the termination or cancellation
of this Agreement, shall survive such termination or cancellation.
7.6 If any part of this Agreement 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 the Agreement shall continue in effect.
7.7 The failure of either party to insist, in any one or more instances,
upon the performance of any of the Terms or Conditions of this Agreement,
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.
7.8 I.R.D.I. may subcontract any or all of the translation work
to be performed but, subject to the exclusive remedies and limitations
of liability set forth in these Terms and Conditions of Service,
shall retain responsibility for the work that is subcontracted.
7.9 I.R.D.I. reserves the right to change these Terms and Conditions
of Service at any time. Such modifications shall be effective immediately
upon posting. You agree to review these Terms and Conditions of
Service 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 and Conditions of Service which
are posted on the Site, any other modification or amendment of these
Terms and Conditions of Service shall not be enforceable against
I.R.D.I. unless evidenced by a signed writing executed by I.R.D.I..
7.10 This Agreement shall be governed by the laws of the State of
California , United States of America . Client hereby submits to
the exclusive jurisdiction of the courts having jurisdiction in
California and agrees to bring any action relating to the Site,
the Services, the Deliverables or otherwise arising from this Agreement
exclusively in such courts and in a venue of Los Angeles County
, California . Use of the Site or Services is unauthorized in any
jurisdiction that does not give effect to all provisions of these
Terms and Conditions of Service, including, without limitation,
this paragraph.
7.11 Client hereby consents to I.R.D.I. listing Client as a customer
on the Site.
7.12 The parties hereby confirm their express wish that this Agreement
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
and Conditions of Service, 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 and Conditions of Service.
7.13 This Agreement 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© 2002 International Resource Development Institute,
Inc. All rights reserved. The International Resource Development
Institute™ is a registered trademark or trademark of International
Resource Development Institute, Inc. in the United States and/or
other countries. 2checkout is either a registered trademark or trademark,
Inc. in the United States and/or other countries.
Return to:
Top
Return:
Home
| |
|
|
| Comments send
e-mail to: Web_Master |
| Copyright
© 1999-2007 International Resource Development Institute,
I.R.D.I. |
|