HUMATOR, LLC provides its services (described below) to you through its Website. We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will notify you, either through the Member account interface or in an email notification. If you do not agree to abide by these or any future Terms of Service, do not use or access the Service.
We or Humator - provided by HUMATOR, LLC - intermediary between Clients and Human Translators and assumes no responsibility whatsoever with respect to the content of the Translated Text
Client or You - each person or company who submitted a text and/or file to be translated
Language pair - consists of a source language and a target language. A language pair has direction: English to French is not the same as French to English.
Translator or Human Translator - each registered user who will provide human translation services
Order - a particular request to have a certain Original Text and/or Original File converted into a Translated Text and/or Translated File by a Human Translator.
Original File or Original Text - the documents, materials, and other items requested to be translated
Standard Page or SP - a unit for measuring the volume of translation, specifically 1800 characters including spaces
Translated File or Translated Text - the final translated version of certain Original Text, File or both.
Website - www.humator.com
2. THE SERVICES
Humator has established an initial pool of Human Translators, and has created the Website as means of enabling you to get Human Translation Services from such Human Translators. Humator.com ONLY intermediates between Clients and Human Translators and assumes no responsibility whatsoever with respect to the content of the Translated Text.
2.2.The Process of getting Human Translation Services by a Client
Humator will enable you to send Orders through the Website by submitting an Original Text and/or Original File. By making payment you are fully committed to the Order and it cannot be terminated by you.
2. After getting such Original Text, Humator will forward the same to one of the Human Translator, chosen the most suitable for you automatically by the Website.
You will get the Translated Texts as soon as forwarded by the Human Translator.
2.3. The Process of providing Human Translation Services by a Human Translator
Our Human Translators are properly selected based on provided and proven language skills that are declared during Translator registration process which includes language certificates and other documents upload.. Humator may accept or decline any Human Translator, at its sole and independent discretion, without being under any obligation to provide the Translator the grounds, if any, for such decision.
3.1. Price per Standard page is derived from chosen Language Pair and Type of Original Text. After selection of From language, To language and Type of text, the Website presents to the Client what is the current price per Standard Page (1800 characters including spaces). The price is recalculated based on characters count of Original File and/or Text.
3.2. Original Files may contain strange and invisible characters (ie. due to formating of the document or in case that document was generated from template ...). Because of this and also because of different file formats, the Website owns the right for small deviation in character counting which is +- 30 characters. In case that the deviation (the difference between expected and calculated characters count) is bigger, please email to email@example.com.
3.3. In case, that after payment and processing of the Order, the calculated price/characters count deviated more than 0,5 Standard Page, Humator owns the right to notify the client with the corrected price of Order. After this notification the Client can pay up the difference (in case that the difference is negative, Humator will send the difference to Clients account) or Client owns the right to cancel whole Order in case that he does not agree with corrected price.
4. CONTENT OF TRANSLATED TEXT
4.1. As mentioned, Humator assumes no liability or responsibility to the nature of the Translated Text forwarded to you by the Human Translator, its accuracy, its completeness, its compatibility to a certain purpose, its quality or any other property of it.
4.2. Without derogating from the provisions of section 4.1, in any case you are not satisfied with the Translated Text forwarded to you, you can E-mail us to firstname.lastname@example.org stating "Unsatisfied" in the subject of the E-mail message. In such case We will try to mediate between you and the relevant Human Translator, to see if he can provide you with any corrections to the Translated Text. Any such process might take substantial time since we need to process it manually.
4.3. You hereby represent and warrant that the requested Human Translation Services and your use of the Website and/or the Translated Text are for lawful purposes only. You further represent and warrant not to use the Website or such services, to translate any Source Text that include but is not limited to defamatory, obscene, stolen, or other unlawful material (collectively "Unlawful Text"); and/or confidential, proprietary, trademarks or copyrighted information, belonging to a third party (collectively "Proprietary Information"), without the express written authorization of the rightful owner of such Proprietary Information.
5. Intellectual property rights
5.1. The Content of the Website (www.humator.com) as well as the software underlying the performance of the services granted thereunder, in whole or in part (collectively "the Protected Material") and any copies that you make from the Protected Material, are owned by Humator and/or its suppliers, and its structure, organization and code are the valuable trade secrets of Humator and/or its suppliers. You must treat the Protected Material just as you would any other copyrighted material, such as a book. You may not copy the Protected Material. You agree not to modify, adapt or translate the Protected Material. You also agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Protected Material. Except as stated above, this Agreement does not grant you any intellectual property rights in the Protected Material. This Agreement provides the terms and conditions under which you are licensed to use the Protected Material. It is not an agreement for the sale of the Protected Material to you, and no title to the Protected Material passes to you.
5.2. The Original Text and the corresponding Translated Text, however, belongs to the Client or any third party under whose authorization the Client is permitted to forward the Original Text to us for translation.
6. WARRANTIES, LIMITATION OF LIABILITY, INDEMNIFICATION
6.1. The human translation services are being provided to the Clients directly by the human translators and not by Humator. Neither Humator nor the Human Translators assumes no liability or responsibility for errors, omissions or ambiguities in the translated text. In no event is Humator liable for any damages whatsoever arising from errors, omissions or ambiguities in the translated text, including direct, indirect, incidental, consequential or punitive damages. The translated text is being provided to the Clients without warranty of any kind including but not limited to the implied warranties of title, merchantability, fitness for a particular purpose, non-infringement and without making any warranties that the translation will be accurate, correct, usable, reliable, meet certain expectations, be uninterrupted, secure, or timely.
6.2. Neither Humator nor anyone on its behalf nor anyone else, including the Human Translators, involved in creating, producing, marketing or distributing the service, or the translation of the source text, shall be liable for any direct, indirect, incidental, special or consequential damages resulting from use of or inability to use the service due to any cause whatsoever, including acts of god, communications failure, theft, destruction or unauthorized access to Humator's records or services.
6.3. In no event shall the entire liability of Humator and anyone on its behalf for all damages, losses, claims and costs, whether in contract, tort or otherwise, exceed the aggregate amount paid by you to Client during the immediately preceding 1-month period.
6.4. Notwithstanding anything to the contrary, in any case the competent courts shall find any of the limitations of liability unenforceable the Human Translator shall indemnify, defend, and hold harmless Humator, its directors, officers, employees and agents and their respective successors, heirs and assigns (the "Humator Indemnities"), against any liability, damage, loss, or expense (including reasonable attorneys' fees and expenses of litigation) incurred by or imposed upon any of the Humator Indemnities in connection with any claims, suits, actions, demands or judgments ("Claims") arising out of any theory of liability (including without limitation actions in the form of tort, warranty, or strict liability and regardless of whether such action has any factual basis) concerning any act or omission of the Human Translator, in the course of converting the Original Text/File into Translated Text/File, or any part thereof.
6.5. The Client and/or the Human Translator, as applicable, shall indemnify, defend, and hold harmless Humator, its directors, officers, employees and agents and their respective successors, heirs and assigns (the "Humator Indemnities"), against any liability, damage, loss, or expense (including reasonable attorneys’ fees and expenses of litigation) incurred by or imposed upon any of the Humator Indemnities in connection with any claims, suits, actions, demands or judgments ("Claims") arising out of any theory of liability (including without limitation actions in the form of tort, warranty, or strict liability and regardless of whether such action has any factual basis) concerning any use of Unlawful Text and/or Proprietary Information.