Terms and Conditions

Terms and Conditions
Last modified: 4/24/2015. Welcome to the website of Babelprojekt Ltd. Babelprojekt requests that you carefully read the present Terms and Conditions and Babelprojekt’s Privacy Policy before using the website. By completing the registration process you indicate your consent to the present agreement. In case any point is unclear, please write to [email protected] for further explanation. I. General Terms This agreement is the only agreement between Babelprojekt.com and users of the Babelprojekt.com website. We reserve the right to amend the present agreement at any time. In case of any changes to the agreement, a notification will be posted on the front page. By entering the website after the notification you agree to the new terms. www.babelprojekt.com is a social networking website for translators. We provide an online platform for freelance translators and interpreters, translation companies, and those who are looking to hire the appropriate translator. www.babelprojekt.com is a website operated by Babelprojekt Ltd. (“Babelprojekt”), a company registered in Hungary under the company number 13-­‐09-­‐152194 (Vat Nr.: HU23708675). Our registered office is at Halom Str. 11, 2040 Budaörs, Hungary. As used in the present Terms and Conditions "we", "us", "our" or Babelprojekt means Babelprojekt.com Ltd. and www.babelprojekt.com, "you" or "your" means the user, the user and Babelprojekt are collectively referred to as the “parties”, and "Service" or “Services” means any and all services offered by us on the www.babelprojekt.com website. “Agreement” or “Terms” refer to the present Terms and Conditions. For the purposes of the Terms and Conditions, we shall use Babelprojekt to refer to both Babelprojekt Ltd. and www.babelprojekt.com and any and all domains owned by Babelprojekt Ltd. The Terms set out the terms and conditions on which Babelprojekt provides services to you, which will govern your conduct as a user, apply to the access and use of the website and to any exchange of information between you and Babelprojekt. Please read the Terms and Conditions carefully before using the website. Using the website indicates that you accept the Terms regardless of whether you choose to register as a user. If you do not accept the Terms, do not use the website. Babelprojekt will provide translations of the Terms for your convenience. However, the English language version of the Terms will govern your relationship with Babelprojekt. In case there is any contradiction between the English language version of the Terms and the translations, the English language version shall take precedence. Babelprojekt may revise the Terms at any time by updating this posting. All modified Terms and Conditions shall take effect immediately after having been posted on www.babelprojekt.com. Please check the website on regular intervals to review the current version of the Terms because they are binding on you. You acknowledge and agree that Babelprojekt has the sole discretion to set forth and post additional terms and conditions for your use of the website on the website itself. You agree that those additional terms and conditions shall be considered an effective amendment to these Terms and said Terms and Conditions shall be incorporated herein. Furthermore, you expressly agree that if there is any conflict between those additional terms and conditions and the present Terms set forth herein, the present Terms shall take precedence. Any rights not expressly granted in the present Terms are reserved. II. Definitions “User”: any registered or unregistered person or entity who enters the Babelprojekt website and uses the Service. “Account”: each user registering on Babelprojekt receives a username, password and profile page which constitutes the user’s Account. You can register as a Freelancer (translator or interpreter), Translation company, other Translation service (interpretation equipment, DTP), Private or Business entity that is looking to hire. “Registration”: creation of an Account. “Freelancer”: self-­‐employed translator, interpreter. “Translation Company”: a language services company. A translator company has either own translators, or is outsourcing the work to freelancers. “Outsourcer”: a private person or a company, who is looking to hire a translator or a translation service provider. III. Product Information and Warranties -­‐ Changes in the Service The Service will be provided with care and due diligence, in a professional manner and in accordance with the Terms and Conditions. Babelprojekt has made a conscientious effort to display and describe its services on the website accurately. Babelprojekt is constantly improving its information, products and services. Consequently, Babelprojekt cannot and does not guarantee the accuracy or completeness of the information, including prices, specifications, availability and services. You acknowledge and agree that the form and nature of the services which Babelprojekt provides may change without prior notice to you. Babelprojekt reserves the right to modify or discontinue the Service with or without notice to you or other users. Babelprojekt shall not be liable to users or any third party should Babelprojekt exercise its right to modify or discontinue the Service. IV. Access Whilst we endeavor to ensure that the website is available 24 hours a day, we shall not be liable if, for any reason, the website is unavailable at any time or for any period. Access to the website may be suspended temporarily and without notice in the case of a system failure, maintenance or repair or for any reasons beyond our control. V. Registration Registration is open to anyone. Each (private or company) user registering on Babelprojekt can have one account. By registering your company you declare that you have the authority to bind your company to the present Terms. Registration as a Freelancer or Outsourcer is also open to students. Translation Companies and Company Outsourcers registering must have a valid VAT number. Each user has a unique user name and password. Babelprojekt does not permit users to share their user name and password with any other person or business entity. Furthermore, your account may not be transferred to a third party. Responsibility for the security of any password issued rests with you and you are solely responsible for all actions taken with your user name and password. In order to access certain services, you may be required to provide information about yourself (such as qualification or contact details) as part of the registration process for the Service, or as part of your continued use of the Service. You agree that any registration information you give to Babelprojekt will always be accurate, correct and up to date. You may not misrepresent yourself or your firm. Please note that there are risks of dealing with foreign nationals who may not fall under the laws of your area, minors, and people acting under false pretense. Because user authentication on the Internet is difficult, Babelprojekt cannot and does not guarantee that each user is who he/she claims to be. VI. Babelprojekt’s services We are not a translation service provider or a translation agency. The website is a neutral platform through which Outsourcers and Freelancers or Translator Companies can meet and enter into business. We are in no way involved in the actual transaction between Outsourcers and Freelancers. As a result, we have no control over the quality or legality of the services provided by users, the truth or accuracy of information posted, the ability of service providers to perform services as represented, or of service consumers to properly evaluate finished services. We cannot and do not control whether the parties to a transaction will perform as agreed. Because we cannot and will not be involved in user-­‐to-­‐user dealings, in the event that you have a dispute with one or more users, Babelprojekt is neither responsible nor liable as detailed in Clause IX. Babelprojekt cannot and will not guarantee the ability of users to complete payment for any of the provided services. Furthermore, due to the difficulty of authentication, especially on the Internet, Babelprojekt cannot and will not in any manner verify or confirm the identity of users, profile of users, or ability of users to pay for the provided services. You acknowledge and agree that any and all communications, correspondence, verbal or written, or any warranties or representations, made with regard to the services are not provided by Babelprojekt and are specifically and solely between you and the other user. It is the user’s responsibility to communicate directly with anyone they meet at Babelprojekt, with whom they are considering entering into a contract. Inquire about any and all the information you as a user deem necessary to determine another user’s trustworthiness. If you are a user, you hereby agree that the website is for translation related services only and that the work that you provide will only involve services. You agree that you will not use Babelprojekt to market or sell any goods or products or other services unrelated to translation, unless specifically permitted by Babelprojekt. Besides providing this neutral platform, Babelprojekt is a social networking website. People may post information that is offensive, harmful or inaccurate, and in certain cases may be mislabeled or deceptively labeled. We expect that you will use caution-­‐-­‐and common sense-­‐-­‐when using Babelprojekt. Babelprojekt is in no way involved in payment for the translation and related services and is not responsible for any monetary disputes. It is the responsibility of both the Freelancer/Translation Company and the Outsourcer to resolve all monetary disputes, outside of Babelprojekt. VII. Your Services You acknowledge that by providing your service on our website you accept the terms of services described by the Outsources in the translation assignment. You acknowledge that the Babelprojekt website exists for Outsourcers to make a fully informed decision about your services offering, policies and procedures. Therefore, you shall only quote services which you are capable of providing. You acknowledge that your quote includes all and any charges related to all the requested services, excluding VAT. Babelprojekt reserves the right to suspend or cancel your account at Babelprojekt’s sole discretion. VIII: Complaint Management and Problem Resolution Babelprojekt is dedicated to effective and prompt complaint management, problem resolution and the analysis and mitigation of the root causes of complaints. A complaint or a dispute between you and Babelprojekt has to be expressed by sending an e-­‐mail to [email protected]. Babelprojekt is committed to provide an answer in 30 calendar days. Babelprojekt will attempt to resolve any disputes you have with us, operators. Because Babelprojekt is a neutral platform, Babelprojekt is not responsible for resolving any disputes between you and other users. If you, however, report a dispute to Babelprojekt, we will make every effort to help both parties to communicate. Therefore, if Babelprojekt is contacted by a user who claims to have a dispute with you regarding the services and they request your contact information (including but not limited to any of the phone numbers and/or addresses you provided) to settle the dispute, you expressly authorize Babelprojekt to release the contact information you provided to the user and you agree to release Babelprojekt from any and all liability associated therewith. Babelprojekt encourages you to report all user-­‐to-­‐user disputes to law enforcement officials or a certified mediation or arbitration entity. Babelprojekt does not specifically endorse any such third party mediation or arbitration entity. When appropriate, Babelprojekt also encourages you to report disputes involving fraud, theft, or other criminal activity to the appropriate law enforcement agencies. IX. Limitation of Liability Because Babelprojekt is not involved in the actual transaction between Translators and Outsourcers, Babelprojekt has no control and shall not be liable for any direct, indirect, incidental, special, or consequential damages, resulting from the use or the inability to use the services, for the cost of procurement of substitute goods and services or resulting from any goods or services purchased or obtained or messages received or transactions entered into through the service or resulting from unauthorized access to or alteration of User’s transmissions or data, including but not limited to, damages for loss of profits, use data or other intangible, even if Babelprojekt has been advised of the possibility of such damages. You release Babelprojekt, its officers, directors, agents, employees and affiliates from all claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. This further includes reasonable attorneys' fees, made by any third party due to or arising out of your negligence, breach of these Terms, or violation of any law or the rights of a third party. Users and Babelprojekt agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance. X. Copyright, Protection of Intellectual Property Content You are permitted to view, print and download extracts from Babelprojekt for your own use on the basis that: -­‐ No documents or related graphics from the website are modified in any way; -­‐ No graphics from the website are used separately from the corresponding text; and -­‐ Our copyright notices and this permission notice appear in all copies. Unless otherwise provided, the copyright and other intellectual property rights in all material on the website (including, but without being limited to, photographs and graphical images) are owned by Babelprojekt. Save as agreed otherwise, any use of extracts from the website other than in accordance with Clause X. is prohibited, and in case you breach Clause X., your permission to use the website automatically terminates and you are obliged to immediately destroy any downloaded or printed extracts from the website. Subject to Clause X., no part of the website may be reproduced or stored on any other website or included in any public or private electronic retrieval system or service without our prior written permission The Babelprojekt website contains text, trademarks, trade names, trade dress, copyrighted material, service marks, domain names, inventions, know-­‐how, potential patentable business method material, design logos, phrases, names, logos, code, software, programs, routines, libraries, tools, applications, communication protocols, data structures and formats, user interface design and layouts, software, architecture and components, pattern, methodologies, as developed and operated by Babelprojekt as well as all developments, modifications and enhancements of the same and any documentation (user guides, descriptions, manuals, presentation and any other kind of document and under any form) relating thereto, or other indication of ownership which, unless otherwise indicated and/or provided pursuant to a third party license, are Babelprojekt‘s sole property and Babelprojekt retains all appurtenant rights, interests and title thereto and are protected by international copyright laws. The Babelprojekt intellectual property rights cover (without limitation) all copyrights, moral rights, patents, trademarks, trade secrets and design rights and any other intellectual property rights, whether registered or unregistered. The compilation (meaning the collection, arrangement, and assembly) of all content on this website is the exclusive property of Babelprojekt and is protected by international copyright laws. Babelprojekt also claims ownership rights under the copyright and trademark laws with regard to the "look", "feel", "appearance" and "graphic function" of this website including but not limited to its color combinations, layouts and designs. Babelprojekt grants you permission to view and use content and software made available to you on the website in connection with your use of the website. Any other use, including the reproduction, modification, distribution, sale, transmission, republication, display, or performance, of the content and software of this website or the use of it in any other way for public or commercial purpose is strictly prohibited. You shall use the Services strictly for the sole purposes for which it was designed and created. You shall not disassemble, reproduce, translate, adapt, modify, decompile, reverse engineer, or reverse compile any part of the software, or make any attempt to discover its source code, nor rent, lease, sublicense, resell for profit, transfer, loan, distribute or modify the software or any component thereof, unless expressly authorized by Babelprojekt and confirmed in writing. You shall notify Babelprojekt immediately if you become aware of any unauthorized possession or use of the software and the Services and any associated documentation by any third party. You shall not use or register any domain name that is identical to or similar to any of these marks. You agree that you shall not acquire the word "Babelprojekt” or any variant that includes the word "Babelprojekt” or may be confused with it on Google AdWords or any similar Internet advertising service. All other trademarks, service marks and copyrights are held by their rightful owners. XI. Confidentiality/Non-­‐Disclosure During the use of the website, Babelprojekt may disclose to you, or you may otherwise learn of or discover, Babelprojekt ‘s documents, business practices, management styles, day-­‐to-­‐day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods and applications, or other aspects of Babelprojekt’s business. You hereby agree and acknowledge that any and all of this information is confidential and shall be Babelprojekt’s sole and exclusive intellectual property and proprietary information. You agree to use Babelprojekt’s information only for the specific purposes as allowed by the performance of these Terms and Conditions. Any disclosure of our information to a third party (specifically including a direct competitor) is strictly prohibited and will be challenged in a court of law. All obligations contained herein will survive the termination of these Terms. Furthermore, you acknowledge that Babelprojekt’s information is proprietary, confidential and extremely valuable to Babelprojekt, and that Babelprojekt would be materially damaged by your disclosure of Babelprojekt’s information. You acknowledge and agree that monetary damages provide an insufficient remedy for the breach of this confidentiality obligation, and that Babelprojekt shall be entitled to injunctive relief (e.g.: penalty) in relation to the breach or the threatened breach, in addition to any other legal or equitable remedy and without the necessity of proving actual damages. XII. Information about you and your visits to the website Any information about your visits to www.babelprojekt.com will be processed in accordance with our Privacy Policy. By using the website you consent to such processing. XIII. Information Submitted by Users You are solely responsible for the information you provide to us and/or other users in the registration, request for help (using Babelhelp™), or by posting a job. The information you provide must be true, legal, accurate and non-­‐fraudulent. You agree that you are solely responsible for (and that Babelprojekt has no responsibility to you or to any third party for) any content that you create, transmit or display while using the Services. All texts are dealt with confidentially, and we adhere to secrecy concerning any facts which we learn of in the course of our work for the customer. In view of the electronic transmission of texts and data as well as other communications in electronic form between the customer and any other assistant personnel, we cannot guarantee the absolute security of business and information secrets or other confidential data and information. It cannot be ruled out that unauthorized third parties may intercept the transmitted text during electronic transfer. Please note that Babelprojekt may use the data provided for statistical purposes (Freelancer Translators or Translation Companies per country, number of posted jobs per days, request for Babelhelp™ per User, etc.). When using the data in aggregate, Babelprojekt guarantees anonymity and confidentiality of the user and its company. You authorize Babelprojekt to use the information you supply to Babelprojekt in connection with Babelprojekt’s services and in accordance with these Terms. Babelprojekt’s website acts as a passive platform for any and all communication and/or distribution of information. Babelprojekt has no control, editorial or otherwise, over any communication, information, and specifically over the content of such communication and information. Babelprojekt does not and will not ensure the accuracy or reliability of such communication or information, nor will Babelprojekt act as a monitor over the content of such communication or information. However, Babelprojekt does reserve the right to remove or restrict any communication or information that you may post to the website that is in violation of these Terms, illegal, threatening or vulgar. You understand that by using the Services you may be exposed to content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk. Furthermore, you expressly acknowledge and warrant the following: (1) You are the owner, with all appurtenant rights thereto, of any and all communication, content and/or information that you post on the website, or; (2) You are the legitimate and rightful grantee of a worldwide, royalty free, perpetual, irrevocable, sub-­‐licensable, non-­‐
exclusive license to use, distribute, reproduce and distribute such communication, content and/or information. XIV. Record Keeping Babelprojekt reserves the right to keep all records of any and all transactions and communications between you and other users and Babelprojekt for administration purposes. XV. Standards of Conduct You further acknowledge and warrant that any and all of the communication, content and/or information you submit to Babelprojekt: -­‐ Will not violate any international, state, federal and/or national law, statute, ordinance or regulation; -­‐ Will not violate these Terms; -­‐ Will not infringe any third party’s intellectual property rights including but not limited to copyright, patent or trademark rights; -­‐ Will not contain obscene, lewd, abusive, or suggestive content and under no circumstances will it contain pornography; -­‐ Will not be offensive, indecent, libelous, and liable to incite racial hatred, discriminatory, scandalous, inflammatory, blasphemous, threatening, harassing, and defamatory, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience. This specifically includes making legal claims of any sort in relation to Babelprojekt, its employees, agents, other members, or the website itself; -­‐ Will not contain any computer hardware or software, logic bombs, viruses, Trojan horses, worms, or any other computer programming that may interfere with the operation of the website, operation of any of Babelprojekt’s systems and/or create or impose a large burden or load on the website; -­‐ Will not scan or test the vulnerability or security of the website or the system within which it operates; -­‐ Will not be used for commercial or public purposes outside of the requirements of these Terms; -­‐ Will not create a liability for Babelprojekt in any manner whatsoever; -­‐ Will not frame or link to the website without Babelprojekt’s prior written permission; and -­‐ Will not involve the upload, or insertion of, any programming language or code into or onto the website. You agree to use common sense and good judgment during your conduct or when posting any information. You assume legal responsibility for all damages incurred as a result of any of your communication or distribution of information. Babelprojekt insists that all users abide by netiquette and communicate with each other in a respectful manner. Do not access another user’s account without their permission. Do not use our services for phishing scams. Do not distribute other people’s personal and confidential information, such as credit card numbers, confidential national ID numbers, or account passwords, without their permission. Do not spam, including sending unwanted promotional or commercial content, or unwanted or mass solicitation. Do not manipulate ranking or relevancy using techniques like repetitive or misleading keywords or metadata. Do not distribute content that facilitates online gambling, including online casinos, sports betting, or lotteries. Do not use our products to impersonate other people. You acknowledge and warrant that you do not misuse the website, including, without limitation by hacking. We will co-­‐operate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity of, or locate, anyone posting any material in breach of this clause. As staff members, we will do all what we can to see that these rules are followed, that is, user accounts of those who do not comply with said rules will be blocked and terminated. However, we cannot guarantee that the aforementioned rules will be followed. Use Babelprojekt at your own risk, and exercise all the caution you would when working with people offline or elsewhere on the Internet. XVI. Rejection, Removal or Termination of User Accounts Babelprojekt reserves the right to reject a registration or cancel a user account at any time and without prior notice. Babelprojekt.com may, at its sole discretion, immediately terminate user accounts if the user’s conduct fails to respect and abide by this Agreement. An event that may result in the rejection or removal of your participation can include but is not limited to: any circumvention of the Babelprojekt website by you or by others at your direction; any attempt to harass; conduct inappropriate communications with a user; failure to deliver the promised services on time and/or conduct inappropriate communications with one of Babelprojekt’s employees, agents, affiliates or partners. Babelprojekt reserves the right to notify other users of any action that Babelprojekt, at its sole discretion, deems serious and which have led to the cancellation of your user account. We may, at our sole discretion, restrict your access to the website and/or refuse to correspond with you without prior notice where: -­‐ There is a regulatory or statutory change limiting our ability to provide access to the website; -­‐ There is any event beyond our reasonable control preventing us from providing access to the website (for example, and without limitation, technical difficulties, capacity problems and communications failures); or -­‐ We consider that you are abusing the website or are otherwise acting in breach of the Terms. XVII. Unsolicited Idea Submission Babelprojekt welcomes any comments, messages and feedback from users regarding the Babelprojekt website. However, Babelprojekt‘s policy does not allow Babelprojekt to accept or consider ideas, suggestions, or proposals other than those Babelprojekt specifically requests. The intent of this policy is to avoid the possibility of future misunderstandings when new functionalities and features developed internally by Babelprojekt might be similar or even identical to your idea. If you do send Babelprojekt an unsolicited suggestion, idea, or proposal, or if you send, at the request of Babelprojekt, a comment or suggestion to improve the Babelprojekt website, You agree that: (1) your submissions and their contents will automatically become the property of Babelprojekt without any compensation to you; (2) Babelprojekt may use or redistribute the submissions and their contents for any purpose and in any way; (3) there is no obligation for Babelprojekt to review the submission; and (4) there is no obligation to keep any submissions confidential. By sending any how-­‐to or product information or material, you grant Babelprojekt an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute materials or information, and you represent and warrant that you own or otherwise control all of the rights to such information or materials and that Babelprojekt is free to use ideas, concepts, know-­‐how or techniques that you send us for any purpose. We will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless we obtain your permission to use your name or we are required to do so by law. XVIII. Off-­‐website Communications We are simply providing the tools for users to meet. It is entirely allowed to enter or use personal contact information, such as website addresses, fax numbers, phone numbers or e-­‐mail addresses, on Babelprojekt’s message board system or in your Personal Data Sheet. IXX. Taxes You are responsible for collecting and remitting any and all taxes associated with the transactions or use of the website. XX. Links to and from Other Websites The Babelprojekt website contains links to other websites so that you may learn more about the services available at Babelprojekt and other matters that Babelprojekt feels may be of interest to you. Users are also able to put links on their Personal Data Sheet: especially own homepages as a freelancer or company webpages to introduce their own business. If you use these links, you leave the Babelprojekt website. The inclusion of any such link does not imply endorsement by Babelprojekt of a website or any association with its operators. While Babelprojekt will make commercially reasonable efforts to ensure that these websites will meet your approval, Babelprojekt does not have control over, and is in no manner responsible or liable for the availability and content of the websites to which the Babelprojekt website is linked. Babelprojekt makes no representations whatsoever about any other website (including, but not limited to, the material found there or any consequences of using them) you may access through Babelprojekt’s website. Any concerns regarding any product or service offered by a website to which the Babelprojekt’s website is linked or the link itself should be directed to the operator of that specific website and not to Babelprojekt. If you decide to access any of the third party websites linked to the Babelprojekt website, you do so entirely at your own risk. If you would like to link the www.babelprojekt.com website, you may only do so on the basis that you link to, but do not replicate, the website, and subject to the following conditions: -­‐ You do not remove, distort or otherwise alter the size or appearance of any logos used by us on the website; -­‐ You do not create a frame or any other browser or border environment around the website; -­‐ You do not in any way imply that we are endorsing any products or services other than our own; -­‐ You do not misrepresent your relationship with us nor present any other false information about it; -­‐ You do not otherwise use any trademarks owned by Babelprojekt (whether these are registered or unregistered) which are displayed on the website without our prior and express written permission; -­‐ You do not link from a website that is not owned by you; and -­‐ Your website does not contain content that we, in our sole discretion, consider to be distasteful, offensive or controversial, in infringement of any intellectual property rights or other rights of any other person or which does not otherwise comply with all applicable laws and regulations. We expressly reserve the right to revoke the rights granted in Clause XX. for breach of the Terms and to take any action that we deem appropriate. You shall fully compensate us for any loss or damage that we may suffer for breach of Clause XX. XXI. Security Babelprojekt uses industry standard practices to safeguard your personal information, including firewalls and secure socket layers. Babelprojekt utilizes several different security techniques to protect data from unauthorized access but cannot guarantee the security of the system. Babelprojekt also does not guarantee uninterrupted or secure access to the system, as the operation of the website can be interrupted by numerous factors outside of Babelprojekt’s control. Once you become a registered user of the Service, you will receive a password and an account. As described in Clause V. you are solely responsible if you do not maintain the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You may change your user name or password at any time by following the instructions provided; however, you may not open up additional accounts under alternative names. If you believe that your password or username has been used by an unauthorized party, you must notify Babelprojekt of the incident. XXII. Messages and Marketing You authorize Babelprojekt to send, by e-­‐mail or by any other way, any advertising communication or any other kind of marketing and commercial information in relation to Babelprojekt to the e-­‐mail addresses and other contact details of the users as communicated to Babelprojekt. Either party may publicly use and make reference to the other party’s name and trademarks and the existence of their contractual relationship, for any commercial purpose and in any publication, unless the other party instructs otherwise in writing within 5 days from its approval of the present Terms. XXIII. Disclaimer You assume all responsibility and risk for the use of this website and the Internet generally. This website is provided by Babelprojekt on an “as is” basis. Babelprojekt and its subsidiaries make no representations or warranties of any kind, express or implied, as to the operation of this website or the information, content, materials, or products included on this website. To the full extent permissible by applicable law, Babelprojekt and its subsidiaries disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, non-­‐
infringement of intellectual property rights or other proprietary rights, and freedom from errors, viruses, bugs, or other harmful components. Babelprojekt and its subsidiaries will not be liable for any damages of any kind incurred by any person or entity arising from the use of this website, including, but not limited to, direct, indirect, special, incidental, consequential; loss or damages resulting from loss of use, data, business, goodwill, revenue, profits, contracts, anticipated savings, wasted management or office time, or business interruption arising out of or in any way connected with the use of this website, any delays on the website, or the inability to use the website, any portion thereof, or any hyperlinked website, whether based on contract, tort, negligence, breach of contract, strict liability or otherwise, even if Babelprojekt or any of its subsidiaries have been advised of the possibility of such damages. XXIV. Privacy Policy You agree to the use of your data in accordance with Babelprojekt’s Privacy Policy XXV .Governing Law, Arbitration Any legal claim arising out of or relating to these Terms, your relationship with Babelprojekt, your use of the website or Babelprojekt’s services, including legal action taken by Babelprojekt to recover damages for, or obtain an injunction relating to the Babelprojekt website operations, intellectual property, and Babelprojekt’s services, shall be governed by the laws of Hungary, without regard to principles of conflict of laws. You and Babelprojekt agree to submit to the exclusive jurisdiction of the courts of the city of Budaörs, Hungary to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Babelprojekt shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. XXVI. Miscellaneous You warrant that it is legal for you to view the website in the jurisdiction to which you are subject. You are responsible for compliance with all laws of that jurisdiction, in viewing or using its contents. These Terms may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Terms by express provisions. The invalidity or unenforceability of any provision of these Terms shall not affect the validity or enforceability of these Terms as a whole and any such provision should be enforced by authorities, and reconstructed if need be, to apply to the maximum extent allowable under applicable law. If any provision of the Terms shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. The remainder of the Terms shall be construed as if such an invalid or unenforceable provision had never been a part of the Terms but in a manner so as to carry out as nearly as possible the parties’ original intent. The failure by either party to enforce at any time any of the provisions of these Terms, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. You agree that if Babelprojekt does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Babelprojekt has the benefit of under any applicable law), this will not be taken as a formal waiver of Babelprojekt’s rights and that those rights or remedies will still be available to Babelprojekt. Reasonable attorneys' fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of these Terms. The section headings used herein are for convenience only and shall not be given any legal import. The Terms constitute the entire agreement between you and Babelprojekt as to your use of the website and shall supersede any prior agreement or representation. The Terms supersede and merge all prior proposals, understandings, and all other agreements, oral and written, between the parties relating to these Terms. Any and all notices to be given by either party to the other pursuant to or in connection with the Terms shall be deemed sufficiently given when forwarded by e-­‐mail or facsimile transmission in each case addressed to you at any e-­‐mail address or facsimile number you have given us or to us at the place displayed in Clause I. of these Terms. You acknowledge and agree that each member of the group of companies of which Babelprojekt is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiary to the Terms. The present Terms are concluded for an indefinite term. Upon termination thereof for whatever reason, you are to return all documentation, confidential or proprietary information and materials and any copies of thereof in your possession or delete any copies of the same held electronically.