Terms and Conditions
Terms and Conditions for Adscos.com
Welcome to our translation website! We are glad to have you as our customer. The following terms and conditions apply to your use of our website and our services. By accessing and using our website, you agree to these terms and conditions in their entirety. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT USE THIS WEBSITE.
- Definitions
- "We," "us," and "our" refer to the Adscos.com website.
- "Customer", or "User" refers to the individual or company that uses our services.
- "Services" refer to the translation, editing, proofreading, and related services provided by us through our platform.
- "Source Material" refers to the text, document, or file provided by the customer for translation.
- "Translated Material" refers to the text, document, or file delivered by our platform after translation.
- User Account and Registration
In order to access certain features of the website or services, the user must register for an account. The user must provide accurate and complete information when registering for an account, and the user must update this information promptly if it changes.
The user is solely responsible for maintaining the confidentiality of the user's account information, including the user's username and password. The user agrees to immediately notify the website or services of any unauthorized use of the user's account or any other breach of security.
The website or services may suspend or terminate the user's account and refuse future use of the website or services if the website or services has reasonable grounds to believe that the user's account information is inaccurate or incomplete, or if the user violates this terms and services agreement or any applicable laws or regulations.
The user must use the website and services only for lawful purposes and in compliance with all applicable laws and regulations. The user must not use the website or services to upload, post, transmit, or otherwise distribute any content that is defamatory, obscene, or otherwise offensive, or that infringes or violates any intellectual property rights or other rights of any third party.
The website or services reserves the right to terminate or suspend a user's account at any time and for any reason, in its sole discretion, without liability to the user or any third party.
- Ordering and Payment
- To use our services, the customer must sign up for our platform and provide us with the Source Material, specify the language pair, and the desired deadline.
- We will provide the customer with a quote based on the Source Material, the language pair, and the deadline.
- The customer must make the payment in advance through our platform, and the order will be confirmed only after we receive the payment.
- We reserve the right to cancel any order if we suspect that the Source Material contains illegal, unethical, or offensive content.
- The payment made by the customer is non-refundable once our platform starts working on the project.
- Delivery
- Our Platform will deliver the Translated Material to the customer within the agreed deadline.
- Our Platform will deliver the Translated Material in the same format as the Source Material, unless otherwise specified by the customer.
- We cannot be held responsible for any delay in delivery due to factors beyond our control, such as technical problems or force majeure events.
- The customer must review the Translated Material and notify us within seven days of delivery if any errors or omissions are found.
- Our Platform will make the necessary corrections free of charge within a reasonable timeframe.
- Confidentiality
- We will treat all Source Material and Translated Material as confidential and will not disclose it to any third party without the customer's consent.
- We will take all reasonable measures to protect the confidentiality and security of the Source Material and Translated Material.
- The customer agrees to indemnify us for any damages, losses, or expenses resulting from a breach of confidentiality by the customer.
- Intellectual Property
- The customer retains all intellectual property rights in the Source Material.
- The customer grants us a non-exclusive, royalty-free, worldwide license to use the Source Material for the purpose of providing the Services through our Platform.
- The Translated Material becomes the property of the customer upon delivery, and the customer retains all intellectual property rights in the Translated Material.
- The customer grants us a non-exclusive, royalty-free, worldwide license to use the Translated Material for the purpose of improving our Services and marketing our business.
- Limitation of Liability
- We are not liable for any damages, losses, or expenses arising from the use of our Services through our Platform, including but not limited to indirect, consequential, or special damages.
- Our liability to the customer is limited to the amount paid by the customer for the Services through our Platform.
- No Warranties. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLY,
USER ACKNOWLEDGES THAT WE DO NOT WARRANT THAT INFORMATION, CONTENT, MATERIALS,
PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU IS ACCURATE
OR COMPLETE. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM
THE USE OF ANY INFORMATION, CONTENT, MATERIALS, SOFTWARE, PRODUCTS, OR SERVICES
INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU, INCLUDING BUT NOT LIMITED TO
DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS
OTHERWISE SPECIFIED IN WRITING.
- NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS, IN NO EVENT WILL WE BE LIABLE UNDER ANY CIRCUMSTANCES OR LEGAL THEORY FOR DAMAGES RELATED TO INCONVENIENCE, DOWNTIME, INTEREST, COST OF CAPITAL, FRUSTRATION OF ECONOMIC OR BUSINESS EXPECTATIONS, LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOSS OF USE, TIME, DATA, OR GOODWILL, OR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL, COLLATERAL, OR CONSEQUENTIAL DAMAGES, REGARDLESS OF WHETHER SUCH LOSSES ARE FORESEEABLE. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU OR TO ANY THIRD PERSON FOR ANY COSTS INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LABOR COSTS, TIME, OR ECONOMIC LOSSES.
- CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, THEN SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
- Termination
The website or services may terminate or suspend the user's account and access to the website or services, in whole or in part, at any time and for any reason, including but not limited to:
- Violation of this terms and services agreement;
- Violation of any applicable laws or regulations;
- Request by law enforcement or other government agencies;
- Unexpected technical or security issues;
- Extended periods of inactivity.
Upon termination of the user's account, the user's access to the website and services will be immediately terminated, and the user's user account and all user content will be permanently deleted from the website and services.
Additionally, the website or services may also, in its sole discretion, modify or discontinue all or part of the website or services, including any features, functionality, or content, at any time and without notice. The website or services shall not be liable to the user or any third party for any such modification, discontinuance, or interruption of the website or services.
The user may terminate their account and access to the website or services at any time by contacting the website or services support team. The user will remain responsible for any fees or charges incurred before the termination of the user's account.
- Dispute Resolution – Binding Arbitration
- ANY DISPUTE ARISING OUT OF OR RELATED TO THIS TERMS AND SERVICES AGREEMENT SHALL BE RESOLVED THROUGH BINDING ARBITRATION AS DESCRIBED IN SECTION 1280 ET SEQ OF THE CODE OF CIVIL PROCEDURE.
- The resolution of any dispute, controversy, or claim arising under, out of, or relating to this terms and services agreement shall be exclusively referred to and finally determined by arbitration in Singapore under the auspices of the Singapore International Arbitration Centre ("SIAC"). The arbitration shall be conducted in the English language before an arbitrator is appointed in accordance with the SIAC Rules. During such arbitration, any controversy of the claim arising out of or relating to the construction or applications of any term, provision, or condition of this terms and services agreement shall comply with and be governed in accordance with the laws of the state of California.
- This terms and services agreement to arbitrate shall be the primary remedy for the resolution of all disputes under this Agreement and shall be specifically enforceable. Judgment upon any award rendered by the arbitration may be entered by any court having jurisdiction. Any controversy concerning whether a dispute is an arbitrable dispute shall be determined by the arbitrator.
- The prevailing party in any arbitration or legal proceeding arising out of or related to this terms and services agreement shall be entitled to recover its reasonable attorneys' fees and costs.
- Notwithstanding the foregoing, the website or services may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or confidential information.
- THE USER AGREES TO WAIVE ANY RIGHT TO PARTICIPATE IN ANY CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION ARISING OUT OF OR RELATED TO THIS TERMS AND SERVICES AGREEMENT. THE USER ALSO ACKNOWLEDGES THAT THIS ARBITRATION PROVISION CONSTITUTES A WAIVER OF THE USER'S RIGHT TO A JURY TRIAL AND RELATES TO THE RESOLUTION OF ALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THIS TERMS AND SERVICES AGREEMENT, INCLUDING BUT NOT LIMITED TO CLAIMS ARISING UNDER CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY.
- Changes to the Terms and Services Agreement
The website or services may update or modify this terms and services agreement at any time, in its sole discretion, by posting the updated or modified terms on the website. The user's continued use of the website or services following the posting of any updated or modified terms constitutes acceptance of the updated or modified terms. If the user does not agree to the updated or modified terms, the user must immediately cease using the website and services.
The website or services may also notify users of any material changes to this terms and services agreement by email or other methods of communication. It is the user's responsibility to ensure that the user's contact information is up to date and accurate.
The website or services may also, at any time and without notice, modify or discontinue all or part of the website or services, including any features, functionality, or content. The website or services shall not be liable to the user or any third party for any such modification, discontinuance, or interruption of the website or services.
- Miscellaneous
- Entire Agreement. This termsand services agreement constitutes the entire agreement between the user and the website or services and supersedes all prior agreements or understandings, whether written or oral.
- Severability. If any provision of this terms and services agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
- No Waiver. The failure of the website or services to enforce any provision of this terms and services agreement shall not be construed as a waiver of any such provision or the right to enforce such provision in the future.
- Assignment. The user may not assign or transfer any rights or obligations under this terms and services agreement without the prior written consent of the website or services. The website or services may assign or transfer any rights or obligations under this terms and services agreement without the prior written consent of the user.
- Notices. Any notices required or permitted to be given under this terms and services agreement shall be in writing and shall be delivered by email, mail, or other reliable methods of delivery to the address provided by the user or the website or services.
- Headings. The headings used in this terms and services agreement are for convenience only and shall not affect the interpretation of this agreement.
- Governing Law. This terms and services agreement shall be governed and construed in accordance with the laws of the State of California applicable to contracts made and fully performed therein, and the state and federal courts located in Los Angeles, California shall have exclusive jurisdiction of all suits and proceedings arising out of or in connection with this terms and services agreement.
- Force Majeure. Except with regard to payment obligations, either party shall be excused from delays in performing or from failing to perform its obligations under this terms and services agreement to the extent the delays or failures result from causes beyond the reasonable control of the party, including, but not limited to: default of subcontractors or suppliers; failures or default of third party software, vendors, or products; acts of God or of the public enemy; U.S. or foreign governmental actions; strikes; communications, network/internet connection, or utility interruption or failure. Each party shall promptly notify the other party of the occurrence of any such cause and carry out the affected performance as promptly as practicable after the cause of the problem is alleviated.
- No Third-Party Benefit. Nothing in this terms and services agreement, either express or implied, is intended to or shall confer upon any third party any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this terms and services agreement.
- Survival. The provisions of this terms and services agreement that by their nature should survive termination shall survive termination, including but not limited to sections 2 (User Account and Registration), 6 (Intellectual Property), 7 (Limitation of Liability), 9 (Dispute Resolution – Binding Arbitration), and 11.7. (Governing Law).