Mars Translation User Agreement
Date of Last Revision: 1st May 2015
PLEASE READ THIS AGREEMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING CERTAIN LIMITATIONS AND EXCLUSIONS AND A PROCEDURE FOR RESOLVING DISPUTES.
This Agreement contains twelve sections. You may jump directly to any section by selecting the appropriate link below. The headings and subheadings below are for reference only and do not limit the scope of each section. Some capitalized terms have specific definitions in Section 12 (Definitions).Underlined words in this Agreement and on our website hyperlink to relevant information.
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1.1Mars Translation is a Website service created in order to mediate between Sellers and Buyers through the Internet. If you wish to be registered, engage in transactions with other Members and use the Services, available at the Website, read the following conditions and confirm your consent.
1.2This Mars Translation User Agreement (“Agreement”) is a legal document. It outlines your rights and obligations as a User of the Mars Translation online service, which is developed and operated by Beusoft. By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by the provisions of this Agreement. This Agreement applies to all Users and Members, irrespective of whether they have registered, purchased services or enrolled in any way to use products from Beusoft. Other agreements, which supplement this Agreement, may apply to your purchase or use of certain features or products offered by this service.
1.3This Agreement may be enhanced, added to, withdrawn or otherwise changed at any time by the Owner without notice. 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.
1.4Use of this Website and its Services signifies the acceptance of these conditions and constitutes a legally binding acceptance of this agreement. If you do not agree to these conditions, please do not provide Mars Translation with any information or use Mars Translation Services or this Website. Your continued use of Mars Translation Services or this Website in light of changes to this statement or to the relevant principles will signify your acceptance of the changes.
1.5When 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 e-mail, languages you know and general information you wish to disclose about yourself.
1.6Upon 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.
1.7The 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. e-mail). 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 Mars Translation. 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 User Agreement posted on the Website from time to time.
1.8The 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 User name and password allowing others to use the Services through your Membership.
1.9You will not hold the Owner responsible for the Services provided by the Sellers, including translation provided by the Sellers. You acknowledge that Mars Translation is not a traditional translation service. The Owner is not involved in the actual transaction between Buyers and Sellers. The Owner has no control over and does not guarantee the accuracy, quality, safety or legality of the translations provided by the Sellers, the truth or accuracy of Sellers' language skills, the ability of Sellers to translate accurately, or that a buyer or seller will actually complete a transaction.
1.10You acknowledge and agree that the Owner is not liable for any loss or damage which may be incurred by you as a result of the Services, or as a result of any reliance placed by you on the accuracy or completeness of the translations provided you by the Sellers.
1.11Without prejudice to any of the aforesaid, it is hereby acknowledged that User is the sole owner of all intellectual property rights in and to any materials submitted by it via this Website for translation and Owner hereby assigns and transfers to the User and its assigns any intellectual property rights it may have with respect to the original materials submitted via this Website by the User and/or the translation thereof performed by Sellers. In no event shall Owner and/or any of its assigns be held liable for any use and/or misuse by the User of the materials submitted by it via this Website and/or of the translation thereof performed by Sellers.
You will not use the Website if you:
- are not able to form legally binding contracts
- under the legal age in your country and prohibited to any person under the age of 18
- a person barred from receiving and rendering services under the laws of China or other applicable jurisdiction
- are suspended from using the Freelancer Website.
If you misrepresent your age, your registration as a Member will be cancelled. By using the Website, you confirm and guarantee that you meet age restrictions requirements.
Users may provide a business name or a company name, which is to be associated with the User's Account. Users acknowledge and agree that where a business name or company name is associated with their Account, this User Agreement is a contract with the User as an individual (not the business or company) and Users remain solely responsible for all activity undertaken in respect of their Account.
We may, at our absolute discretion, refuse to register a person or corporate entity as a User.
3.Description of Services and Payments
3.1Mars Translation offers a wide range of tools, content, products, Services, and other resources on its Mars Translation Website of particular interest to freelancers and to enable freelancers to efficiently and cost effectively manage their careers, professions, and businesses.
3.2Seller has to stand service rules, including but not limited to time limits to finish each project undertaken and Service Buyer acceptance of translated results, in order to be credited with word credits. The word credits will be added to the Seller account 72 hours after the Service Buyer accepted the translated results, if complains were not received from the Service Buyer regarding the services provided by the Seller.
3.3The Owner 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 Mars Translation account. Failing which shall be considered a breach of this Agreement. Without derogating from your obligation to return the funds you shall face account termination.
3.4Any Member of the Website that The Owner removes from the Website due to violation of the User Agreement will receive no credit or payment.
4.1Any disputes regarding arrangements between Sellers and Buyers will be resolved by the Owner solely.
4.2You hereby release the Owner from any and all claims, demands or damages (actual and consequential) of every kind and nature, known and unknown, related to such a dispute.
4.3You acknowledge and agree that the Owner is not liable for any loss or damage which may be incurred by you as a result of the Services, or as a result of any reliance placed by you on the accuracy or completeness of the translations provided by the Sellers.
5.Access and Proprietary Rights
5.1So 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 The Owner and could result in substantial civil and criminal penalties. Mars Translation and other identifying marks of Mars Translation are proprietary to the Owner. You may not use these marks for any purpose without the express prior written consent of the Owner. 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 Mars Translation.
5.2The contents of this Website are protected by copyright and may not be copied or otherwise reproduced without The Owner’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.
6.Member/User Representations and Warranties
6.1As a Member/User:
6.1.1You will only use the Website and the Services in a manner that is accepted and legal according to all applicable laws and regulations.
6.1.2You will adhere to our acceptable use policies and all other User Agreement 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 Website.
6.1.3You are strictly prohibited from attempting to negotiate the fee for a project with another Member directly (outside of MarsTranslation.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 Seller. We believe our commissions are very fair and justified for the Services we provide, therefore we will absolutely not tolerate any of this activity on Mars Translation.
6.1.4You 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.
6.1.5By 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.
6.1.6Your use of the Services 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 Website. 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 Website (including but not limited to emotional, verbal and physical abuse or assault).
6.1.7You 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, racial, 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 Website without notice.
6.1.8You 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 Website (including but not limited to physical and emotional damage).
6.1.9You will not use the Website, Services or your profile for any purpose other than services provided on MarsTranslation.com.
6.1.10Illegal 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.
6.1.11In 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 from time to time, whether determined in respect of a 24 period or otherwise.
6.1.12You 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.
6.1.13You 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 User Agreement posted on the Website from time to time.
6.1.14Please note you may be involuntarily exposed to offensive or obscene materials that may have been posted by Members/Users, hackers or unauthorized Users from time to time. 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.
6.1.15The 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 Website, 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.
6.1.16The 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.
6.1.17Notwithstanding 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.
6.1.18All communications between Members are at the Members/Users’ sole control and risk.
6.1.19In 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 Services during the term of Membership.
6.1.20Under no circumstances will the Owner, or its affiliates be responsible for any loss or damage resulting from your use of the Website, your reliance on information or other content posted on the Website, or transmitted to Members.
6.1.21You will not use any automated collection mechanism or any manual process to monitor or copy the web pages comprising the Mars Translation Website or the content contained therein without the prior written permission of the Owner.
6.1.22You will not create multiple User accounts to avoid fees, suspension or bad ratings on Mars Translation.
6.1.23You will not contact Users or Members or freelance translators or translation companies through our Website or through information gained from our Website with the intent of subverting them from using our Services.
6.2As a Seller:
You will not redistribute any of the content (information) on Mars Translation, including but not necessary limited to text submitted by Buyers, the translated results, private messages, documents.
7.1Neither 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.
7.2The 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.
7.3The 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.
7.4The 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.
8.Laws and Regulations
8.1This Agreement shall be governed by, construed and enforced in accordance with the laws of China.
8.2Any 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 China (pursuant to the arbitration act), or in the courts of China.
9.Seller Non-Disclosure Agreement (NDA)
9.1You agree to keep all information - including but not limited to customer data, source text, content, source files, prices, agreed terms and the translation itself - secret both during the translation project duration and following its termination. This applies also to the existence and contents of this Agreement.
9.2How you obtain the information is of no consequence. The obligation to observe secrecy applies to all information acquired in the course of the translation project duration, by happenstance, or in the course of some other activity within the scope of the working relationship.
9.3Care shall be taken in particular to ensure that the aforementioned data and information are not seen or disclosed by employees, freelancers, other third parties, or family members. You are liable for all damages arising from breach of the obligation to observe secrecy, as well as for his/her own negligence.
9.4If it is necessary that you enter into direct contact with a customer of MarsTranslation.com, you agree to keep confidential all such terms and other internal business information as exist between MarsTranslation.com and you. You shall act in behalf of MarsTranslation.com whenever he/she is in contact with a customer of MarsTranslation.com.
9.5This obligation applies in particular to "Translation memories" (TMs) and glossaries provided by MarsTranslation.com or the customer of MarsTranslation.com. MarsTranslation.com provides TMs and glossaries for use exclusively by you. The TMs and glossaries may be used only for orders placed by MarsTranslation.com or its customer. The TMs and glossaries shall not be disclosed in full or in part to third parties in any way, irrespective of whether the TM or glossary is provided free of charge or for a fee. Third parties shall not be provided with or granted knowledge of any or all of the contents or structure of the TMs and glossaries. TMs and glossaries supplied by MarsTranslation.com or its customer shall be deleted following termination of the relationship with MarsTranslation.com (or with the end customer). Any changes shall be reconciled with MarsTranslation.com and shall be added to the TM or glossary only with the consent of MarsTranslation.com.
9.6Should there be any doubt as to the confidentiality of information, you agree to consult MarsTranslation.com for clarification. If clarification cannot be obtained, it shall always be assumed that data or information is confidential.
9.7This Agreement does not apply to information that is already known, that is public, or that has been disclosed by third parties without a breach of confidentiality. It also does not apply to information that must be disclosed owing to legal provisions, final court decisions, or official directives. Insofar as legally permitted, however, you, if required to make disclosure, shall inform MarsTranslation.com of the disclosure in advance or without undue delay, and shall make every effort to prevent the information from becoming generally known and to enter into an appropriate confidentiality agreement.
9.8You confirm that he/she has a professional liability for any financial losses arising from errors or omissions in translations, interpreting services, editing or proofreading work done in MarsTranslation.com.
9.9All confidential information and its embodiments remain the property of MarsTranslation.com and shall be returned, whether requested or not, at the end of the translation project duration or if preliminary business discussions with a customer do not result in an order. At the same time, retention, copying, and all forms of duplication of documents, data media, or other copies are forbidden.
10.1This Agreement contains the entire Agreement regarding the use of the Website and its Services.
10.2This 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.
10.3Your 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 Website 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.
“Agreement” means this Mars Translation User Agreement.
“Account” means the account you open when you register on the Website.
“Buyer” means a User that investigates and purchases Seller Services or items from Sellers or identifies a Seller through the Website.
“Project” means a job offered or awarded by a Buyer via the Website, which may include a Project listed by a Buyer, a project awarded by a Buyer, a service bought by a Buyer from a Seller, and service awarded by a Buyer to a Seller as a result of a Contest or competition hosted via the Website.
“Seller” means a User that offers and provides services or identifies as a Seller through the Website.
“Seller Services” means all services provided by Sellers.
“Website” means the websites operated by Mars Translation and available at: MarsTranslation.com and any related Mars Translation service, tool or application.
“Owner” means MarsTranslation.com and affiliates owned by Beusoft.
“User” means an individual or business that accesses or uses the Site.
“Member” means a User who has registered to access or use certain services, features, and content available to Members on the Site. Website Members can be Buyers, Sellers or both at the same time.