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    Terms of Service

Date of last revision: May 4th, 2018

Dear Customers and Visitors,

Thank you for visiting our website. We provide professional language translation; subtitles; and captioning services for YouTube videos both in English as well as sixteen (16) other languages. Please note: if you are under the age of eighteen (18) or do not agree with our agreements and policies, please do not use or access our website. Definitions of terms are implemented throughout this agreement as a convenience for User’s and Visitors. If you have any comments or questions regarding our Terms of Service, please contact us at: info@translator.com.

 

Definitions

The following terms are used throughout this Agreement: “Subscriber” also means a Paid Subscriber. “Customer” is synonymous with someone who uses our services but is not a Paid Subscriber. “You” and “Your” may be used as a pronoun to replace “Subscriber” or “Customer.”

“Company” means our company as well as “us” or “our”.  “Intellectual Property” means any creative work to which a person owns or holds rights, which are protected by copyright; patent; and/or trademark laws, rules, and regulations. “Submission” is any file, data, or content emailed or submitted to our Company; or uploaded to a Subscriber’s YouTube Channel which is to be edited in order to add translation, captioning, and/or subtitles.

Customer Consent and Accounts

Customers and Subscribers grant our Company permission to use their YouTube account as administrators in order to access; download; and edit their videos for resubmission to their YouTube channel after translation and subtitles have been completed. Administrator access will be used only for uploading, updating, adding, or removing captions, translations, or subtitles for purchased items.

When a Subscriber posts a new video on their YouTube channel, our Company will be automatically notified in order to caption and/or edit the video to add translation. Customers and Subscribers alike need to supply their name; username; email; and password. When you have engaged our Company’s services you warrant: (1) You are providing truthful login information; (2) You will not access another Subscriber or Customer’s account without their permission; (3) You will keep all information including but not limited to login information private; and (4) Contact our Company immediately, or YouTube Customer Service if they believe their account has been hacked or breached.  These Terms of Use are also subject to YouTube’s Terms and Conditions.

Content and Submissions

A “work” or “submission” is a video or file that is submitted or uploaded to our Company, website, or a YouTube channel editing, translation, subtitles, and/or captioning services. In order to comply with both Federal and International Intellectual Property Laws, the Subscriber or Customer of the work to be edited acknowledges and warrants:

 

  • They are the original owner of the work;
  • The video, files, or work submitted does not infringe upon third-party copyrights;
  • The work or submission is not involved in pending or threatening litigation;
  • The work or submission must not contain content our Company deems offensive; pornographic; or otherwise illegal or prohibited;
  • The work, files, or content do not contain: viruses; malware; spyware; data mining code, or bots;
  • The files, work, or submission do not contain any software, code, or files that might be harmful to our website, platform, or servers.

 

Limited Liability

Subscribers and Customers understand and agree that any website content that they access or download, whether on our website; or any other third-party website; is at their own risk and agree to accept personal responsibility for any damages or losses. You also acknowledge to hold our Company, owners, employees, and agents harmless against any and all claims for losses, injuries, or damages.

Subscriptions

We offer two different levels of service: (a) pay-as-you-go upon invoice; and (b) a bi-weekly subscription service.  Pay-as-you-Go. Upon receipt of payment our video experts will access the Customer’s video; subtitle, caption, or translate the video; and then submit the completed and edited subtitles, captions, or translations to their YouTube channel. The fee for English Captions is $1.00 (one dollar) per minute; and for translations $0.06 to $0.08 per word unless otherwise agreed.  Bi-Weekly Subscription. Customers who require our service on an ongoing basis can opt for the bi-weekly option where a bi-weekly payment will be deducted from their debit or credit card depending on the volume of videos they create in each bi-weekly cycle. The subscription will automatically renew for an additional 30-day period unless the Customer cancels by submitting a written Cancellation Notice to Customer Support within ten (10) days of the subscription renewal date at Info@translator.com.

Intellectual Property

Our Company retains all rights, title and interest to our own website and its’ content which is protected by copyrights, trademarks, service marks, patents, trade secrets or other laws, both locally and internationally.   You promise not to interfere with these rights, and to follow all applicable intellectual property laws. In addition, any video or work submitted for editing, subtitles, and captions remains the intellectual property of the original owner.

DMCA Policy and Copyright Claims

If you believe a Customer or Subscriber has committed a copyright violation, please immediately notify Customer Support or our Copyright Agent at: Info@translator.com

 

  1. Copyright Violation Claim. All claims must be in writing and sent to us through email or the Postal Service. The claim must contain your: name; address; email address; contact information; and proof of ownership. The claim must also:

 

  • Identify the property, work, or content that has allegedly been infringed;
  • Identify the location of the property, or work you believe has been allegedly infringed;
  • State the name or identity as well as contact information of the person(s) you believe committed the alleged infringement;
  • Provide a signed statement under penalty of perjury, stating you did not give permission to the alleged violator to use the copyrighted material;
  • If the claimant is not the owner of the work, then you will also need to give us a signed statement stating you are authorized to represent the original owner of the work, and the original owner’s contact information.

 

  1. Investigation. We will conduct an investigation when Customer Support or our Copyright Agent receives your claim. We will immediately: (i) Freeze the alleged violator’s account; (ii) Conduct an investigation; (iii) Verify the claim; (iv) Notify the violator of your claim; and (v) Send you a prompt response about our investigation.

 

III. Warnings and False Claims.  First-time offenders will receive a written warning and their content will be deleted. Upon receiving a second complaint, the offender’s account will be terminated. If Customer Support discovers the Claimant filed a false claim, we will immediately release any disputed material back to the original owner and unfreeze their account. The Claimant also agrees to be personally and financially responsible for all costs or fees incurred as a result of the investigation, including but not limited to attorney’s fees, legal fees, and expenses.

 

Disputes

In the event either our Company or the Customer has a dispute about our Terms of Service, Terms of Use, or its interpretation, we agree to resolve the dispute via Mediation, located in Minneapolis, Minnesota, and the parties agree to share the cost and choice of a Mediator. The prevailing party shall be entitled to reimbursement of any costs and fees, including but not limited to attorney’s fees.

Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Minnesota, and the United States of America, excluding conflicts of law provisions and C.I.S.G. (U.N. Convention for the International Sale of Goods and Services).