Terms & Conditions
Last modified on March 16, 2019.
Cube Localization services and technology are provided by Cube Localization, LTD located at 71-75 Shelton St, London, United Kingdom.
By using our Service, you agree to these terms. Please read them carefully.
- “You” means you as an individual, or if applicable, the company or other legal entity you represent.
- “Users” means visitors to this website or the Service who are not registered users.
- “Customers” means visitors who are also registered users of the Service that seek to use the Services.
- “Translators” means third parties who engage with Cube Localization and Customer to provide content translation services as contractors of Cube Localization (not employees).
- “Service” means all the Cube Localization.com websites, services, apps, related technology, and the translation services provided to Customers and Translators.
- “Orders” means any order for Services created by a customer and accepted by Cube Localization via acknowledge in the Platform or otherwise in writing.
- “Client Materials” means the source content for translation by the Service, and any guidelines, glossary and other materials provided by Customer.
- “Translated Works” means the content translated from Client Materials.
- “Platform” means Cube Localization’s online portal and platform “Protemos” where you can access your Cube Localization Account, initiate Orders, and access the Service.
- “TERMS OF SERVICE” means these Cube Localization Terms of Service and any policies, guidelines, or other documents referenced herein.
- “Cube Localization Affiliates” means any company or entity worldwide including, without limitation, corporations, partnerships, joint ventures, and limited liability companies in which Cube Localization directly or indirectly holds at least a 50% ownership, equity, or financial interest.
If You are entering into this TERMS OF SERVICE on behalf of a company or other legal entity, you represent that You have the legal authority to bind the legal entity to this TERMS OF SERVICE, in which case “You” or “Your” means that entity. If You do not have this authority, or if You do not agree with the terms and conditions of this TERMS OF SERVICE, and You may not use the Service or any Service-related materials. You represent that you are 18 years of age, or of the age of majority in your place of residence or authority.
You agree to:
- Be responsible for the activity that happens in connection with your Cube Localization account.
- Keep your password confidential.
- Comply with any policies made available to you by Cube Localization
- Not abuse or conduct illegal activity using our Service.
- Not contact or attempt to contact Translators outside of the Platform that Cube Localization provides for communication.
- Not defame or harass Cube Localization, or its employees, contractors, Customers, or Translators
- Not create multiple Cube Localization accounts for any reason
Cube Localization may suspend or terminate your access to the Service or an Order if you do not comply with this TERMS OF Service or if we suspect misconduct, fraudulent activities or payment, or a violation of this TERMS OF SERVICE, with or without notice.
Cube Localization may modify or suspend the Platform or Service, at any time for any reason.
- Cube Localization will apply gross-up calculation to the payment. This means that the payment to Cube Localization must be made in cleared funds, without any deduction or set-off and free and clear of and without deduction for or on account of any taxes, levies, imports, duties, charges, fees and withholdings of any nature now or hereafter imposed by any governmental, fiscal or other authority save as required by law. If you are compelled to make any such deduction, you will pay Cube Localization any additional amounts as are necessary to ensure receipt by Cube Localization of the full amount it would have received but for the deduction.
- Customer can initiate an Order by providing all the required information via the Platform or contacting on of our account manager, including the Quality Level for your translation as described in the Cube Localization Quality Policy.
- Client Materials.Customer is responsible for providing the Client Materials to be translated, materials describing the context of the translation, and all other necessary materials (glossary guide, etc.) when placing the Order. Cube Localization may make recommendations on which source materials and in what format to provide source materials, but the quality of the results will depend on the clarity, accuracy, and comprehensiveness of the Customer’s source materials and instructions provided.
- Customer can cancel any Order if the project has not yet been engaged by a Translator. It is uncommon for an Order to be engaged by a Translator immediately after the Order is placed. If the Order has been picked up by a Translator, the Order cannot be cancelled and there will be no refund of credits.
- Cube Localization gives an estimated time for Service completion but cannot guarantee an exact delivery time. We will email you when the Translated Works are ready for your review. Unless otherwise expressly agreed by Cube Localization, time is not of the essence for delivery or performance, and no delay shall entitle you to reject any delivery.
- Approval or Rejection.Upon Cube Localization’s notification of delivery of the Translated Works, Customer will have strictly 120 hours to review the Translated Works. Customer may approve the Translated Works via the Platform. If Customer does not act via the Platform within the 120-hour review period, the Translated Works will be deemed “Approved” .
- Due to the nature of language translation, errors in translations will inevitably occur. Customers may reject the Translated Works within the 120-hour review period if it determines that it does not meet the Quality Level that was ordered. We will perform a quality audit and typically get back to you within one business day of the rejection. If Cube Localization determines that the Translated Works that you have rejected did not meet the quality level specified in the Order, then Cube Localization will honor the rejection and provide a retranslation or allow the Order to be cancelled.
- Cube Localization’s liability will be limited to correcting the errors or providing a refund.
- You agree to review any Translated Works before making such content public, and you expressly agree that Cube Localization will not have any liability or indemnity obligations to you based on the Translated Works if you fail to do so.
Cube Localization may use and retain third party contractors (such as Translators) to provide the Service to you. As such, you agree that Cube Localization may sublicense its rights under this TERMS OF Service to third parties to act on Cube Localization’s behalf, provided that such third parties are contractually bound by terms no less protective of Customer than this TERMS OF SERVICE. Cube Localization is solely responsible for paying and resolving all disputes with third party contractors and Translators.
We disclose the Client Materials to potential Translators and contractors, to provide you with the Service (e.g., previewing the content to decide whether to engage in the Order) and as set forth in Section 6 below.
You are solely responsible for editing or removing any confidential or personally identifiable information in Client Materials if you do not wish to disclose that information.
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- All intellectual property rights in the Translated Works will be assigned to the Customer upon Customer’s Approval of the Translated Works and Your compliance with these TERMS OF SERVICE.
- The trademarks, names, logos, and service marks (collectively “Trademarks”) such as “Cube Localization,” are trademarks of Cube Localization. Nothing contained in this TERMS OF Service shall be construed as granting any license or right to use any Trademark without Cube Localization’s prior written permission. The content on the Service is protected by intellectual property laws and may not be copied, distributed, modified, published, or transmitted in any manner.
- Third party content and trademarks displayed on the Service are owned by their respective owners and may not be reproduced in whole, or in part, without the express written permission of the owner.
- If you opt in to allow Cube Localization to use your Translated Works as “public examples,” you grant Cube Localization a worldwide, perpetual, royalty-free, irrevocable, license to publish and display your Client Materials and related Translated Works in connection with operating, promoting, and improving our Services. This license continues even if you stop using our Services.
- If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.
- In order to provide you and our other customers the best possible translation and language services, we (and those we work with) may use your Client Materials and Translated Works to generally improve the Services (for example, fine tune our turnaround time estimates, or improve machine translation and machine learning systems) and develop new products or services ourselves or in partnership with third parties. If we do this, we will never make your Client Materials or Translated Works publicly available.
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- Customer represents and warrants that it has all necessary right, title, and interest in the Client Materials, and that the Client Materials will not and do not infringe or violate any third party’s rights, do not violate any law, and do not contain any offensive or unacceptable content.
- The Service and Translated Works are provided “AS IS.” OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER CUBE LOCALIZATION NOR ITS TRANSLATORS, CONTRACTORS, OR SUPPLIERS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS.”
- SOME AUTHORITIES PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
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Customer will indemnify and hold harmless Cube Localization, its affiliates, current and past directors, officers, and employees from and against any and all claims, taxes, losses, damages, liabilities, judgments, settlements, costs and expenses, including attorneys’ fees and other legal expenses, arising directly or indirectly from or in connection with: (1) Customer’s breach of any of its representations, warranties or obligations under this TERMS OF SERVICE; (2) Customer’s negligent, reckless or intentionally wrongful act or by its assistants, employees, contractors or agents; (3) Customer’s failure to perform its obligations or exercise its rights in accordance with all applicable laws, rules and regulations.
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IN NO EVENT SHALL EITHER PARTY OR ANY CUBE LOCALIZATION AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS OR LOSS OF BUSINESS, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY OF LIABILITY, REGARDLESS OF WHETHER EITHER PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT WILL CUBE LOCALIZATION’S OR CUBE LOCALIZATION’S AFFILIATES’ LIABILITY HEREUNDER EXCEED THE AMOUNT PAID BY THE CUSTOMER TO CUBE LOCALIZATION DURING THE 12 MONTH PERIOD BEFORE THE EVENT GIVING RISE TO LIABILITY.
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This Agreement is governed by the laws London, UK. Any claims or disputes shall be resolved in the state or federal courts located in London, UK.
Cube Localization may modify this TERMS OF Service at any time. You should look at the terms regularly. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
If there is a conflict between the terms in this TERMS OF Service and an Order, the Order will control that conflict.
This TERMS OF Service controls the relationship between Cube Localization and you. They do not create any third-party beneficiary rights.
If you do not comply with these TERMS OF SERVICE, and we do not act right away, this does not mean that we are giving up any rights that we may have (such as acting in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.
You may not assign, transfer, or delegate any portion of this Agreement without Cube Localization’s prior written consent. Cube Localization may assign, transfer, or delegate any portion of this Agreement with or without notice to You. Your attempt to assign, transfer, or delegate this Agreement without Cube Localization’s consent will be invalid.
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For more information, please reach us on: info@cubelocalization.com
