Terms of Service Agreement

Your Use of This Site is Governed by These Terms and Conditions.

PLEASE READ THESE TERMS OF SERVICE (“AGREEMENT” OR “TERMS OF SERVICE”) CAREFULLY BEFORE USING THE SERVICES OFFERED BY CloudLingual. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE VARIOUS WEBSITES AND SERVICES OWNED AND OPERATED BY CloudLingual. YOUR USE OF THE CloudLingual.com site constitutes your agreement to follow these rules and to be bound by them. If you or any users associated with you do not UNCONDITIONALLY agree with any of these Terms and Conditions, then do not use the CloudLingual.com site AND service and exit the site immediately.

Acceptance of Terms.

The Service is offered to you subject to your acceptance and compliance with the Terms of Service set for the below and all other operating rules, policies and procedures that may be published from time to time on the Site by CloudLingual.

The Service is available only to legal entities who are capable of entering contracts and individuals who are at least 18 years old. When “you” is used in these Terms and Conditions it refers to the legally responsible party who accepts these Terms of Service by using the Service. By using the Service, you represent and warrant that (i) if you are an individual, you are of legal age and competent to form a binding contract and are at least 18 years old, and that all registration information you submit is accurate and truthful; and (ii) if you are entering this Agreement on behalf of a corporation or other legal entity, you have all necessary right, title and interest to bind the entity. CloudLingual may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.

These Terms and Conditions May Change Without Prior Notice.

CloudLingual reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of the CloudLingual.com site following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this site. The last date these terms and conditions were revised is set forth below.

Rules and Conduct.

As a condition of use, you promise not to use the Service for any purpose that is prohibited by the Terms of Service. You are responsible for all of your activity in connection with the Service. For purposes of the Terms of Service, the term “Content” includes, without limitation, location data, data delivered to or through the context product, advertisements, advice, suggestions, videos, audio clips, written forum comments, information, data, text, photographs, software, scripts, graphics, Marketplace Products, and interactive features generated, provided, or otherwise made accessible by CloudLingual or its partners on or through the Service. By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any material on or through the Service, that:

  • infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity;
  • is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane;
  • constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
  • contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of CloudLingual or any third party; or
  • impersonates any person or entity, including any employee or representative of CloudLingual.

Additionally, you shall not: (i) take any action that imposes or may impose (as determined by CloudLingual in its sole discretion) an unreasonable or disproportionately large load on CloudLingual’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures CloudLingual may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); (iv) run Maillist, Listserv, any form of auto-responder or “spam” on the Service; or (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Sites.

You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction, or (ii) modify any part of the Service. You shall abide by all applicable local, state, national and international laws and regulations.

CloudLingual reserves the right to remove any Content from the Sites or Service at any time, for any reason, or for no reason at all.

Registration.

As a condition to using certain aspects of the Service, you will be required to register with CloudLingual and select a password and screen name (“CloudLingual User ID”). You shall provide CloudLingual with accurate, complete, and updated registration information. You shall not (i) select or use as a CloudLingual User ID a name of another person with the intent to impersonate that person; (ii) use as a CloudLingual User ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a CloudLingual User ID a name that is otherwise offensive, vulgar or obscene. CloudLingual reserves the right to refuse registration of, or cancel a CloudLingual User ID in its sole discretion. You shall be responsible for maintaining the confidentiality of your CloudLingual password. You shall never use another user’s account without such other user’s express permission. You will immediately notify CloudLingual in writing of any unauthorized use of your account, or other account-related security breach of which you are aware.

Fees and Payment.

CloudLingual reserves the right to require payment of fees for certain features of the Service. Should CloudLingual elect to charge for a feature and you elect to subscribe to such feature or to continue to subscribe to such feature after being notified of the charges, you shall pay all applicable fees, as described on the Billing Terms and Conditions in connection with such features. CloudLingual reserves the right to change its price list and to institute new charges at any time, which may be sent by email or posted on the Sites. Use of the Service by you following such notification constitutes your acceptance of any new or increased charges.

Third Party Sites.

The Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Sites. When you access third party websites, you do so at your own risk. These other websites are not under CloudLingual’s control, and you acknowledge that CloudLingual is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources.

No Emergency Services.

You expressly agree and understand that the Service is not intended to support or carry emergency or time-critical calls or communications to any type of hospital, law enforcement agency, medical care unit or any other kind of emergency or time-critical service (“Emergency Services”). You will not and will not allow your end users to utilize the Service in connection with life-critical or other Emergency Services. CloudLingual, its affiliates or staff are in no way liable for such emergency calls or communications. By agreeing to these Terms of Service you understand that additional arrangements outside of CloudLingual must be made by you and your end users to access Emergency Services.

CloudLingual and Site Content.

You agree that the Service contains Content specifically provided by CloudLingual or its partners and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Service. You shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise exploit any Content or third party submissions or other proprietary rights not owned by you except as expressly authorized in a superseding agreement between you and CloudLingual or with the consent of the respective owners or other valid right. You may, to the extent the Sites or a superseding agreement between you and CloudLingual expressly authorize you to do so, download or copy the Content, and other items displayed on the Sites for download, provided that you maintain all copyright and other notices contained in such Content.

User Submissions.

CloudLingual has no obligation to monitor the Site, Service, Content, or User Submissions. CloudLingual may remove any User Submission at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Submission), or for no reason at all.

Under no circumstances will CloudLingual be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted or otherwise made available via the Service.

Termination.

CloudLingual may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your account, you may do so by following the instructions on the Site. Any fees paid hereunder are non-refundable unless otherwise expressly set forth herein or in a superseding Agreement between you and CloudLingual. All provisions of the Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Warranty Disclaimer.

CloudLingual has no special relationship with or fiduciary duty to you. You acknowledge that CloudLingual has no control over, and no duty to take any action regarding: which users gain access to the Website; what Resources you access via the Website; what effects the Resulting Work may have on you; how you may perceive the Resulting Work; or what actions you may take as a result of the Resulting Work. You release CloudLingual from all liability for you having acquired or not acquired Work through the Sites. The Sites may direct you to websites containing, information that some people may find offensive or inappropriate. CloudLingual makes no representations concerning any content contained in or accessed through the Sites, and CloudLingual will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Sites.

EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.

SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Electronic Communications Privacy Act Notice (18USC 2701-2711): CloudLingual MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITES OR ANY WEBSITE LINKED TO THE SITES. CloudLingual will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on CloudLingual’s equipment, transmitted over networks accessed by the Sites, or otherwise connected with your use of the Service.

Indemnification.

You shall defend, indemnify, and hold harmless CloudLingual, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to (i) your use or misuse of, or access to, the Sites, Service, Content or otherwise from your User Submissions, (ii) your violation of the Terms of Service, or (iii) infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity. CloudLingual reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with CloudLingual in asserting any available defenses.

Limitation of Liability.

IN NO EVENT SHALL CloudLingual, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (III) FOR YOUR RELIANCE ON THE SERVICE OR (IV) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) THE GREATER OF (A) THE FEES PAID BY YOU TO COMPANY HEREUNDER AND (B) ONE-HUNDRED U.S. DOLLARS ($100.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Dispute Resolution.

A printed version of the Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and CloudLingual agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

Billing Terms and Conditions.

Projects are paid in advance by check, ACH, PayPal or Google Checkout to GlobalVision International, Inc. Payments need to be received in full prior to the start of the project.

Arbitration.

An arbitration process occurs at the client’s or translator’s request to address issues with unmet expectations. A request for arbitration can be sent by email to CloudLingual. Each party involved is committed to answer all questions raised by CloudLingual within 2 business days. CloudLingual will make a decision for the amount to be refunded to the client.

You agree that if your project enters into arbitration, you will reply to CloudLingual within two (2) business days. You also agree that if you fail to do so, CloudLingual may at its sole discretion make a ruling on the arbitration to the other side, regardless of other circumstances.

You also agree that the results of this arbitration process are final and that neither of the parties involved has any rights to make claims regarding the work in question.

Integration and Severability.

Unless you have entered a separate mutually signed superseding agreement with CloudLingual, the Terms of Service are the entire agreement between you and CloudLingual with respect to the Service and use of the Sites, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and CloudLingual with respect to the Sites. If any provision of the Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Service will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Miscellaneous.

CloudLingual shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond CloudLingual’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. The Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you except with CloudLingual’s prior written consent. CloudLingual may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Service and neither party has any authority of any kind to bind the other in any respect.

Privacy Policy.
Click here to read CloudLingual’s privacy policy.

This Site is Operated by CloudLingual.
The CloudLingual.com site is operated by CloudLingual, a division of GlobalVision International, Inc. The mailing address 108 12th Ave E, Palmetto, FL 34221, Attention: Manager of site Development.

Last Revised: October 2, 2011