Acknowledgment and Acceptance of Terms of Service
Wordzone.com. ("Service"), owned and operated by Wordzone, Inc.
("WZ"), is provided to you ("Professional"), under the terms and
conditions of this WZ Professional Terms of Service ("WZPTS") and any operating
rules or policies that may be published by WZ. The WZPTS comprises the entire agreement
between Professional and WZ and supersedes all prior agreements between the parties
regarding the subject matter contained herein. By using the Service, you are confirming
your agreement to be bound by all of the terms and conditions of this WZPTS, of the
Wordzone Terms of Service and of the Wordzone Purchase Agreement. It is understood
and agreed that an e-mail/online version of these WZPTS shall have the same legal effect
as the original.
Description of Service
WZ provides Professional with:
(1) a medium to promote translation, proofreading and
interpretation services (hereinafter referred to as "Professional
Services");
(2)a medium to post information about Professional Services
online;
(3) a medium to provide quotes for Professional Services;
(4) a medium to receive notification about projects, and a medium
to express interest in these projects;
(5) a medium to use Wordzones Real-Time Translation
Management System, allowing real-time management of prices and availability.
This Service is provided via the Internet. In consideration of
this Service, Professional agrees to: (1) provide certain current, complete, and accurate
information about Professional as prompted to do so by the Service and (2) maintain and
update this information as required to keep it current, complete and accurate. All
information received as a result of registration, shall be referred to as
registration data ("Registration Data"). Furthermore, Professional grants WZ the
right to disclose to third parties certain Registration Data about Professional and
Professional Service in the aggregate; however, such disclosures will exclude
Professional's name, mailing address, email address, account and phone number, unless: (1)
Professional expressly directs WZ, or any other person Professional may specifically
designate to disclose such information through the Service as provided by the Service or
(2) WZ is required to disclose such information by any applicable law or legal process
served on WZ. If any information provided by Professional is inaccurate, WZ retains the
right to terminate Professional's rights to use the Service.
Description of Professional
Professional refers to any individual, company, organization or other entity who
directly or indirectly uses the Service for the purpose of promoting Professional
Services or gaining jobs or exploiting other Services provided under the WZPTS.
Obligations of Professional
Professional is solely responsible for the contents of material transmitted via the
Service. This includes, but is not limited to material provided for databases and
Real-time Management System procedures.
Professional agrees:
- that all material, information, quotations and other types of data
submitted will be, to the best of Professional's knowledge, true and complete;
that misuse of system will result in removal from WZs system
and databases and that in cases of extreme abuse WZ retains the right to take legal
action;
that WZ may, at its sole discretion, immediately terminate Service
should Professional's conduct fail to conform with these terms and conditions of the
WZPTS.
Confidentiality
Professional agrees to treat all information learned through association with WZ,
including the names of WZs clients, potential clients and all information contained
in the documents disclosed by WZ or by WZs clients, whether for translation,
interpretation, review, estimate, evaluation or for any other reason, as strictly
confidential. Professional shall not use or disclose to others, directly or indirectly,
individually or in combination with others, the names or identities of WZs clients
or potential clients, the documents disclosed to the Professional by WZ or the performance
of Service thereof or any information contained therein or any data derived therefrom, or
any other information derived from WZ or WZs clients without prior written consent
of WZ and, if applicable, WZs clients.
Professional understands that by breaching the provisions of this
WZPTS damage may be caused to WZ that may be irreparable and difficult to estimate. It is
understood that WZ is entitled to sue for damages resulting from such breach, or seek
other legal remedies, including, but no limited to, injunctive or equitable relief.
Professionals understand that in the course of their association with WZ, they may be
required by WZ or WZs clients to execute additional Specific Confidentiality
Agreements. Each party hereby acknowledges that it may be exposed to confidential and
proprietary information belonging to the other party or relating to its affairs.
Confidential Information does not include (i) information already known or independently
developed by the recipient; (ii) information in the public domain through no wrongful act
of the party, or (iii) information received by a party from a third party who was free to
disclose it.
Default
Events of default: Violation of any of the material provisions of this WZPTS and failure
to remedy or cure such violation within thirty (30) days after written notice of such
violation from any party shall be deemed to be an event of default by the other party.
Effect of default: Upon the occurrence of an event of default by
one party, the other party shall have the right to sue the defaulting party for damages
resulting from such violation, or seek other legal remedies, including but not limited to
injunctive or equitable relief.
Disputes
Should any dispute arise between parties, all best efforts should be put forward to
resolve the dispute. Under all circumstances this dispute should not include the liability
of WZ. Professional understands and agrees that WZ can not be involved in any way
and under any circumstance whatsoever, in any dispute or litigation arising between
Professionals/Users. Professionals waive all rights against WZ and agree to hold WZ
harmless from any claim or demand. Professionals expressly agree to not contact or involve
WZ for any matter relating to any dispute between Professionals/Users or with any other
third party. Professionals agree not to involve WZ in any way, under any circumstance, in
any litigation, lawsuit or legal procedure, between Professionals/Users and other
Professionals/Users or other third parties.
Modifications to Terms of Service
WZ may change the terms and conditions of the WZPTS at any time. Upon any change to the
terms and conditions of the WZPTS, WZ will post appropriate notification herein.
Modifications to Service
WZ reserves the right to modify or discontinue the Service with or without notice to
Professionals. WZ shall not be liable to Professionals or any third party should WZ
exercise its right to modify or discontinue the Service.
Privacy Policy
It is WZs policy to respect the privacy of its Professionals. Therefore, in addition
to the privacy of Registration Data, WZ will not edit, or disclose the contents of a
Professional's private communications unless required to do so by law or in the good
faith belief that such action is necessary to: (1) conform to the edicts of the law or
comply with legal process served on WZ; (2) protect and defend the rights or property of
WZ; or (3) act under exigent circumstances to protect the personal safety of its
Professionals or the public. Professional acknowledges and agrees that WZ neither endorses
the contents of any Professional communications nor assumes responsibility for any
threatening, libelous, obscene, harassing or offensive material contained therein, any
infringement of third party intellectual property rights arising therefrom or any crime
facilitated thereby.
Identification Number, and Security
Once you become a Professional , you shall receive an Identification number and password
("ID #"). You are entirely responsible if you do not maintain the
confidentiality of your ID # . Furthermore, you are entirely responsible for any and all
activities which occur under your ID #. Professional agrees to immediately notify WZ of
any unauthorized use of Professional's ID # or any other breach of security known to
Professional.
Disclaimer of Warranties
Professional expressly agrees that use of the Service is at Professional's sole risk. WZ
expressly disclaims all warranties of any kind, whether expressed or implied, including,
but not limited to the implied warranties of merchantability, fitness for a particular
purpose and non-infringement. WZ makes no warranty that the Service will meet your
requirements, or that the Service will be uninterrupted, timely, secure, or error free;
nor does WZ make any warranty as to the results that may be obtained from the use of the
Service or as to the accuracy or reliability of any information obtained through the
Service. WZ makes no warranty regarding any goods or services purchased or obtained
through the Service or any transactions entered into through the Service. No advice or
information, whether oral or written, obtained by Professional from WZ or through the
Service shall create any warranty not expressly made herein.
Limitation of Liability
WZ shall not be liable for any direct, indirect, incidental, special or consequential
damages, resulting from the use or the inability to use the Service, or for cost of
procurement of substitute services, or resulting from transactions entered into through
the Service, or resulting from unauthorized access to or alteration of Professional's
transmissions or data, including but not limited to, damages for loss of profits, use,
data or other intangible, even if WZ has been advised of the possibility of such damages.
Indemnification
Professional agrees to indemnify and hold WZ, its parents, subsidiaries, affiliates,
agents, officers and employees, harmless from any claim or demand, including reasonable
attorneys fees, made by any third party due to or arising out of Professional's use
of the Service, the violation of this WZPTS by Professional, or the infringement by
Professional, of any intellectual property or other right of any person or entity.
Termination
Either WZ or Professional may terminate the Service with or without cause at any
time and effective immediately. WZ shall not be liable to a Professional or any third
party for termination of Service. Should Professional object to any terms and conditions
of the WZPTS or any subsequent modifications thereto or become dissatisfied with the
Service in any way, Professional's only recourse is to immediately discontinue use of the
Service.
Laws
The WZPTS shall be governed by and construed in accordance with the laws of The United
States, State of Nevada, and any action shall be initiated and maintained in a forum of
competent jurisdiction in such designated area. If any provision(s) of the WZPTS is held
by a court of competent jurisdiction to be contrary to law, then such provision(s) shall
be construed, as nearly as possible, to reflect the intentions of the parties with the
other provisions remaining in full force and effect. WZs failure to exercise or
enforce any right or provision of the WZPTS shall not constitute a waiver of such right or
provision unless acknowledged and agreed to by WZ in writing. Professional and WZ 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.
Also see:
Terms of Service
Privacy Statement