Alconost® Terms of Service
ATTENTION: THIS IS A LEGALLY-BINDING CONTRACT. PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING SERVICES PROVIDED BY ALCONOST INC., A COMMONWEALTH OF VIRGINIA COMPANY (HEREINAFTER REFERRED TO AS “ALCONOST”), THROUGH THIS WEBSITE. THIS AGREEMENT GOVERNS YOUR RELATIONSHIP WITH ALCONOST AND USE OF THE SERVICES PROVIDED THROUGH THE ALCONOST WEBSITE. ALCONOST HEREBY REQUESTS THAT YOU ASKED TO ACCEPT THESE TERMS OF SERVICE. YOU MAY USE THE SERVICES PROVIDED THROUGH THE ALCONOST WEBSITE ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN. USING THE SERVICES PROVIDED THROUGH THE WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, DO NOT USE THE ALCONOST, WEBSITE, OR SERVICES.
“Alconost Nitro” means the portion of the Website and Services, administered by Alconost and bearing the “Nitro” name, that facilitates the provision of online translation and proof reading services to You by a professional live translator.
“Alconost Services Content” means all software and other proprietary tools, editorial content, message, information, data, text, software, music, sound, artwork, graphics, images, user interfaces, icons, photographs, videos, answers, questions, scores, suggestions, hints, concepts, ideas, plans, orders, request or the like or any other material provided by or on behalf of Alconost on Alconost’s Website or through any mobile application, as well as the computer programs used to generate the pages on the Alconost’s Website.
“Services” means all content, information, graphics, documents, text, products, services including and all other elements offered through the Website or any mobile application.
“User Content” means any editorial content, message, information, data, text, software, music, sound, artwork, graphics, images, user interfaces, icons, photographs, videos, answers, questions, scores, suggestions, hints, concepts, ideas, plans, orders, request or the like or any other material that any User posts or transmits on or through the Alconost Website and/or Service, but expressly excludes all Alconost Services Content.
“User Materials” means any editorial content, text, video, information, data, music, images, ideas or any other material that You submit for translation through the Website and/or Services, including Alconost Nitro and any mobile applications.
“Website” means https://alconost.com/ and other related websites and services owned and/or operated by Alconost.
“You”, “Your” and “User” means all individuals and/or entities in whatever form accessing or using the Alconost Website and/or Services for any reason.
Acceptance of Terms of Service
Types of License. These Terms of Service (the “Terms”, “ToS”, or “Terms of Service”) are a legally-binding agreement between You and Alconost, regarding use of the Websiteas made available by Alconost and/or its authorized distributor(s). Alconost makes available the Website and Services available for Your use subject to the terms and conditions set forth in these Terms of Service. By accessing and using the Alconost Website and Services You agree to be bound by and to accept these Terms of Service and all terms and conditions contained and/or referenced herein as well as any additional terms and conditions set forth on the Website.
If You do NOT agree to all the terms and conditions contained in these Terms, You should NOT use the Website or Alconost Services. If You do NOT agree to any additional specific terms which apply to particular Content (as defined below) or to particular transactions concluded through the Website or Services, then You should NOT use the part of the Website or Services which contain such Content or through which such transactions are concluded. Also, when You use any current or future Alconost Services or visit the Website or obtain any products, applications or services therefrom, whether free of charge or for payment, You will be subject to the guidelines and conditions applicable to such products or services, and not those of Alconost.
Updates to Terms of Service. These Terms of Service may be amended by Alconost at any time upon notice provided by any of the following means: through a posting on the main page of the Website, at or after You login into Your User Account (as defined below), or by e-mail to the address You provided when You set up Your User Account. Your failure to provide or maintain accurate or current contact information in Your User Account will not obviate Your responsibility to comply with these Terms of Service as amended from time to time. Please check these Terms of Service regularly to ensure that You are aware of all terms governing Your use of the Website and Services. Specific terms and conditions may apply to specific content, products, materials, services or information contained on or available through this Website (the “Content”) or transactions concluded through this Website. Such specific terms may be in addition to these Terms, or, where inconsistent with these Terms, only to the extent that the Content or intent of such specific terms is inconsistent with these Terms, such specific terms will supersede these Terms. Please check theses Terms regularly to ensure that You are aware of all terms governing Your use of the Alconost Website and Services.
Alconost reserves the right to make changes or updates with respect to the Website, or to the Content or the format thereof at any time without notice. Alconost also reserves the right to terminate or restrict access to the Website and its Services or any portion thereof for any reason whatsoever at its sole discretion.
You agree to use the Website and Services only for purposes permitted by these Terms of Service as well as any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. ALCONOST IS NOT RESPONSIBLE FOR ANY VIOLATION OF APPLICABLE LAWS, RULES, OR REGULATIONS COMMITTED BY YOU, YOUR USERS, OR ANY OF YOUR AFFILIATES. IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOUR USE OF THE ALCONOST WEBSITE AND SERVICES DOES NOT CONTRAVENE APPLICABLE LAWS, RULES, OR REGULATIONS. Specifically, You agree and warrant that in using the Website and Services, Your actions do not contravene the laws, rules, or regulations of (1) the country, state, or locality where You reside, or (2) the country, state, or locality where Alconost is located or operates. This includes complying with applicable export and import restrictions as well as other restrictions.
You agree not to use or permit use of the Services, including by uploading, emailing, posting, publishing or otherwise transmitting any material, for any purpose that may (a) menace or harass any person or cause damage or injury to any person or property, (b) involve the publication of any material that is false, defamatory, harassing or obscene, (c) violate privacy rights or promote bigotry, racism, hatred or harm, (d) constitute unsolicited bulk e-mail, “junk mail”, “spam” or chain letters; (e) constitute an infringement of intellectual property or other proprietary rights, or (f) otherwise violate applicable laws, ordinances or regulations. In addition to any other rights afforded to Alconost under these Terms of Service, Alconost reserves the right to remove or disable access to any material that violates the foregoing restrictions. Alconost shall have no liability to You in the event that Alconost takes such action. You agree to defend and indemnify Alconost against any claim arising out of a violation of Your obligations under this section.
You agree not to access (or attempt to access) the Services by any means other than through the means provided by Alconost or its authorized partners. You agree not to access (or attempt to access) the Services by way of automated means and that You will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
You agree that You will not:
- remove or modify any Website markings or any notice of Alconost or its licensors’ proprietary rights;
- modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Services, or access or use the Services in order to build or support, and/or assist a third party in building or supporting, products or services competitive to Alconost;
- to disrupt or interfere with any other user’s enjoyment of the Website and Services or affiliated or linked sites;
- to upload, post, or otherwise transmit through the Website and Services any viruses or other harmful, disruptive, or destructive files;
- to use or attempt to use another user’s User Account, password, or system;
- to access or attempt to access any Content or User Content (as defined below), which You are not authorized to access under the terms herein;
- to disrupt or interfere with the security of, or otherwise cause harm to the Website, Services, Content, User Content, system resources, accounts, passwords, servers, or networks connected to or accessible through the Website and Services or any affiliated or linked sites.
The rights granted to You under the agreement are also conditioned on the following:
- the rights of any user licensed to use the Services cannot be shared or used by more than one individual;
- except as expressly provided herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means;
- You agree to make every reasonable effort to prevent unauthorized third parties from accessing the Services.
Information and Materials Provided By You
Tools and Statistical Data
Alconost may use tools, scripts, software, and utilities (collectively, the “tools”) to monitor and administer the Services and to help resolve Your Alconost service requests. The tools will not collect, report, or store any of Your data residing in the service production environment, except as necessary to troubleshoot service requests or other problems in the Services provided. Data collected by the tools (excluding production data) may also be used to assist in managing Alconost’s product and service portfolio and for license management.
Alconost may compile statistical information related to the performance of the Services, and may make such information publicly available, provided that such information does not incorporate Your data and/or identify Your confidential information or include Your company’s name. Alconost retains all intellectual property rights in such information.
Third Party Materials and Linking to The Website
The Website and Services may include links to other websites and/or third party products that are not under Alconost’s control (collectively, “Third Party Materials”). Third Party Materials that may be appropriate or necessary for use with some Alconost Services are specified in the program documentation, as applicable. Your right to use such Third Party Materials is governed by the terms of the Third Party Materials license agreement specified by Alconost and not under the Agreement. Alconost shall not be responsible in any way for such Third Party Materials. Alconost provides such links only for the convenience of the users of the Website and Services, and the inclusion of any link to any Third Party Materials does not imply endorsement by Alconost of the content, products and/ or services of such Third Party Materials. Notwithstanding any provision to the contrary herein, nothing in these Terms of Service shall be construed as to grant You any rights or licenses with regard to such Third Party Materials or to entitle You to use such Third Party Materials.
Linking to this Website is permitted provided that You comply with the following rules. You may link to the home page of this Website or to any other page of this Website. However, You are not allowed to use in-line linking (or hot-linking) or framing. You must not imply that Alconost endorses or sponsors the linker or its website, products or services. You must not use Alconost’s intellectual property, including, but not limited to, trademarks, trade names, and copyrights without advance written permission from Alconost. Furthermore, You agree to remove the link at any time upon Alconost’s request.
The Alconost Website, in its entirety, (except for User Content), including the Alconost Website name and logo, Alconost Nitro, and all other Alconost Services Content, site design, text, data, interfaces, product and service names, design marks, logos, button icons, legends, images, photographs, music, audio or video clips, titles, page headers, graphics, software and the selection, expression, structure, arrangement, coordination, enhancement and presentation of said elements, as well as the “look and feel” of the Alconost Website (including color combinations, layout, design and all other graphical elements), are the sole property of Alconost and/or its affiliates, licensors or other content suppliers and are protected by any and all U.S. and international copyright, service mark, and trademark treaties, laws, regulations, and rules and may not be copied, used or re-used for any purpose not expressly authorized in these Terms without Alconost's prior written permission. You acknowledge that these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed. Material published by Alconost on the Alconost Website may contain other proprietary notices or describe products, services, processes or technologies owned by Alconost or third parties. Nothing in the Terms or through the use of the Service shall be construed as granting You a license to use such material under any copyright, service mark, trademark, patent or other intellectual property right of Alconost or any third party, except as expressly set forth and granted in the Terms. Unless otherwise specifically provided herein or authorized by Alconost in writing, all rights in the Website, Services, and Content not expressly granted herein are reserved. Except pursuant to the license granted herein or as otherwise set forth herein, You agree not to copy, republish, frame, or make available for download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Content, Website, Alconost, or Services, other than in conjunction with the Services offered by Alconost through the Website.
Alconost hereby disclaims any rights to trademarks, service marks, trade names, logos, copyright, patents, domain names or other intellectual property interests of third parties. All intellectual property interests of third parties referenced herein, including without limitation Third Party Material or otherwise provided on this Website are the properties of their respective owners. Alconost disclaims any proprietary interests in the intellectual property rights other than their own.
Limited License To User
You are granted a personal, non-exclusive, non-assignable, non-transferable, limited, royalty-free, revocable license to use the Website, Services and other tools provided by Alconost, including Alconost Nitro, as part of the Alconost Services for the sole purpose of enabling You to communicate with Alconost regarding potential projects, pay invoices pertaining to existing projects, and use Alconost Nitro (“Nitro”) to facilitate live professional translation services, solely in the manner permitted by these Terms.
This license is not a sale of any of the respective intellectual property owner’s rights. The Alconost Services may be used only by You and You may not rent, lease, lend, sub-license, or transfer the Alconost Services or any data or Alconost Nitro or Alconost Services Content, content residing therein or any of Your rights under the Terms to anyone else, nor may You make the Alconost Services available to anyone else on a “service bureau” basis or in exchange for any compensation to You. You may not modify, copy, distribute, transmit, broadcast, publish, upload, share, publicly display, “mirror,” perform, reproduce, use, publish, license, create derivative works from, make representations or warranties regarding, transfer or sell any Alconost Services Content contained in the Alconost Website in any other computer, server, web site, or other medium or for any commercial enterprise. You may not develop or derive for commercial sale any data in machine-readable or other form that incorporates or uses any substantial part of the Alconost Website.
User ownership rights
Except as provided in the following paragraph, Alconost acknowledges and agrees that it claims no ownership or control and it does not obtain any right, title or interest from You under these Terms or to any User Material that You post, upload or submit to the Alconost Website or through its Services, including any intellectual property rights in Your User Materials (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless otherwise agreed between the Parties, You retain copyrights and any other rights You already hold in Your User Materials, as well as in any translation of Your User Materials provided to You through Alconost Nitro, and You are responsible for protecting those rights, as appropriate., You agree that You are responsible for protecting and enforcing those rights and that Alconost has no obligation to do so on Your behalf.
Alconost reserves the right to retain a copy of all User Content and User Materials that you post, upload, or submit to the Alconost Website or through its Services, including any original text and translation thereof provided through Alconost Nitro. Alconost never publishes any User Materials and treats them as confidential information.
Licenses and Rights granted to Alconost
Subject to the terms and conditions of this Agreement, each Party (“Mark Owner”) hereby grants the other Party (“Mark Licensee”), a non-exclusive, nontransferable, royalty-free, worldwide license to use its Marks to market and promote the services and/or products of the Mark Owner. Any use of the other Party’s Marks shall be subject to the Mark Owner’s right to review and approve, which approval shall not be unreasonably withheld, and shall conform with any trademark usage guidelines, polices, or requirements provided by the Mark Owner. Additionally, Customer hereby grants Alconost the right to publish, display, and/or refer to the final product developed pursuant hereto for promotional purposes.
You may sign up for a personalized account (“User Account”) with Alconost in order to access the full range of features offered by the Website and Services. In creating Your User Account, You agree to submit accurate, current and complete information about yourself and keep this information updated. Alconost reserves the right to suspend or terminate User Accounts which it suspects are used in contradiction to these Terms of Service and/or contain information that is untrue, inaccurate, not current or incomplete.
When You create Your User Account, You will choose a personal, non-transferable password. User Accounts may not be “shared” or used by more than one individual. After You accept these Terms of Service and Your User Account registration has been accepted by Alconost, Your User Account will be established. You are solely responsible for any and all activities that occur under Your User Account, whether or not such use was authorized by You.
You may also, as applicable and made available, access the Website, and Service by logging in using an authorized third party social network account, such as a Facebook or Google account. By doing so, You authorize Alconost to collect Your personal profile and activity information from that third party social network.
Please note that if You opt to use Your Facebook account to login to our Website and/or use our Services, Alconost may be able to access all of Your data in connection with Your Facebook account, including, without limitation Your friends list, pictures You posted or those posted of You on Facebook, businesses and stories You “liked,” places You visited, etc.
This information You provide is used for such purposes as allowing You to set up a User Account and profile that can be used to interact with other users through the Service, improving the content of the Service, customizing the advertising and content You see, and communicating with You about specials and new features. It is completely optional for You to engage in these activities and/or make any purchases from Alconost.
There is no fee for using the Website and Services to communicate with Alconost about potential projects to be covered by a separate agreement. Although, You may be given the opportunity to pay any current invoices due to Alconost using a third-party payment system or merchant account, such as 2Checkout, Avangate, Webmoney, Yandex.Money, PayPro Global, Paypal, Skrill, Braintree (“Payment System”). Alconost does not charge You for electronic invoice payments, however, some Payment Systems may charge a fee to transfer funds.
In order to enjoy the services of and make orders in Alconost Nitro, You will be required to deposit funds into a virtual account associated with your User Account on Alconost Nitro (“Nitro Account”) using the available Payment System(s). Funds deposited into Your Nitro Account are calculated in United States dollars and are not refundable. If Your Alconsoft Nitro order costs exceeds the amount in Your Nitro Account, the order cannot be executed until You add funds to the Nitro Account. When the order status is set to “In queue,” the corresponding amount needed to perform Your order will be frozen in the Nitro Account unless you cancel the order before it is accepted by a translator. After the order is completed, the cost of the order will be withdrawn from the Your Nitro Account. Alconost Nitro does not charge You a fee to replenish funds in Your Nitro Account, however, some Payment Systems may charge a fee to transfer funds.
Alconost does not control and is not responsible for any problems associated with the operation of the Payment Systems.
Alconost also does not, as a matter of practice, review, inspect, edit or monitor any User Content posted, stored, or accessed by You or any other user of the Website or Services. However, Alconost reserves the right, solely upon its own discretion, to refuse, remove, or disable access to User Content that Alconost learns may be illegal or may violate the terms of these Terms of Service, although it has no obligation to do so. Alconost’s action or inaction to regulate content or conduct or to enforce against any potential violation of these Terms of Service by any user (or any other third party) does not waive Alconost’s right to implement or not implement regulation or enforcement measures with respect to any subsequent or similar content, conduct, or potential Terms of Service violation.
Alconost does not control, is not responsible for, and makes no representations or warranties with respect to any User Content. You are solely responsible for Your access to, use of and/or reliance on any User Content. You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research, and due diligence with respect to any User Content. It Your responsibility to investigate the licensing of any User Content prior to using such User Content in any way and to ensure that Your use of any such User Content complies with all applicable laws, licensing requirements and does not infringe third parties’ proprietary rights. You are also responsible for any content that You post or transmit as well as all content posted or transmitted through or by use of Your User Account.
User Content prohibited from the Website and Services includes but is not limited to: (1) illegal content; (2) content relating to the creation, advertising, distribution, or receipt of illegal goods or services; (3) offensive content (including, without limitation, defamatory, threatening, or pornographic content); (4) content that discloses another person’s personal, confidential, or proprietary information; (5) fraudulent content; (6) malicious content such as malware or spyware; and (7) content that offers, promotes, advertises or provides links to unsolicited products or services.
All User Materials provided by You for translation shall be considered confidential including information regarding Your business and products, and all such information shall remain as Your intellectual property and will be held strictly confidential by Alconost, and except as expressly authorized by You in writing, shall not be divulged or published by Alconost and shall not be authorized by Alconost to be divulged or published by others. Confidential information for purposes of this paragraph shall not include the following:
- Information, which is or becomes available to the general public, provided the disclosure of such information did not result from a breach by Alconost of this paragraph.
- Terminological glossary entries compiled by Alconost in the course of its performance of the translation service(s) under this Agreement; provided, however, that you and Alconost may agree in writing that, upon payment of an agreed-upon fee, such terminological glossary entries shall be Your property and shall be covered by the confidentiality provisions of this paragraph.
- Anonymized User Materials utilized to build translation memory. If Alconost can not anonymize a text, it will not be used for translation memory and will be treated as confidential information.
VIOLATION OF THE FOLLOWING TERMS (DETERMINED IN ALCONOST’S SOLE DISCRETION) WILL RESULT IN THE TERMINATION OF YOUR ACCOUNT. WHILE ALCONOST PROHIBITS CERTAIN CONDUCT AND CONTENT ON THE ALCONOST WEBSITE, YOU UNDERSTAND AND AGREE THAT ALCONOST CANNOT BE RESPONSIBLE FOR CONTENT POSTED ON THE SERVICE THAT VIOLATES THESE PROHIBITIONS AND YOU NONETHELESS MAY BE EXPOSED TO SUCH CONTENT. YOU AGREE TO USE THE SERVICE AT YOUR OWN RISK. BY USING THE ALCONOST WEBSITE YOU AGREE NOT TO:
“stalk”, harass, threaten, or defraud other users;
send, post, or make available pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate messages to other users;
make unsolicited offers, advertisements or proposals; or send chain letters, unsolicited email, SMS, “spam” or other junk messages;
transmit any worms or viruses or any code of a destructive nature through the Alconost Websites or Service;
impersonate another person or access another user’s account without permission;
share Alconost-issued passwords with a third party or encourage another user to do so;
misrepresent the source, identity, or content of information transmitted via the Alconost Website, for example, claiming a created work as Your own that is not yours;
use the Alconost Website or Services for any illegal or unlawful purpose;
interfere with any security-related features of the Alconost Website or otherwise attempt to gain unauthorized access to the Alconost Website, or any part of them, other accounts, computer systems or networks connected to the Alconost Website, or any part of them, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Alconost Website or any activities conducted on the Alconost Website;
intentionally interfere with the operation of the Alconost’s Website or any user’s enjoyment of it;
post inflammatory statements to get responses;
use the Alconost Website in any manner that in our sole discretion could damage, disable, overburden, or impair it or interfere with any other party’s use and enjoyment of the Alconost Website;
The term of these Terms of Service shall begin when You start using the Services and shall continue in perpetuity unless otherwise terminated by Alconost by written notice. Alconost expressly reserves the right to change, suspend or discontinue all the Service or portion thereof, at any time, and may terminate Your use of the Service at any time. Without prejudice to any other rights, the term of these Terms of Service will terminate automatically if You fail to comply with any of the limitations or other requirements described herein. Upon any termination or expiration of the term, You must immediately cease using the Website and the Services. UPON TERMINATION OF THIS AGREEMENT YOU WILL NO LONGER BE AUTHORIZED TO USE THE SERVICES IN ANY WAY.
Warranties and Disclaimers
The quality of any translations Alconost provides to you through the Website and Services, including Nitro, shall conform to industry standards for similar translation services. If you believe that a translation does not conform to industry standards, you may contact Alconost at [email protected] and Alconost will use commercially reasonable efforts to rectify the translation within a commercially reasonable time.
EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, ALL CONTENT AND/OR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” ALCONOST HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF THIS WEBSITE, SERVICES OR THE CONTENT. ALCONOST DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF THIS WEBSITE, THE SERVICES, OR CONTENT. YOU ACKNOWLEDGE THAT ANY INFORMATION SENT MAY BE INTERCEPTED IN TRANSMISSION OR OTHERWISE. ALCONOST DOES NOT WARRANT THAT THE WEBSITE, SERVICES, CONTENT, OR THE SERVERS WHICH MAKE THIS WEBSITE AVAILABLE OR ELECTRONIC COMMUNICATIONS SENT BY ALCONOST ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL ELEMENTS. Except as agreed by ALCONOST in writing, contractors, agents, dealers or distributors of Alconost or any other third party shall not have a right to modify this limited warranty, nor to make any additional warranties.
THE USE OF THE WEBSITE, OR SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY PRODUCTS THROUGH THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. ALCONOST ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE WEBSITE OR IN CONNECTION WITH ANY SERVICES OR PRODUCTS OFFERED THROUGH THE WEBSITE. NO ADVICE OR INFORMATION WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ALCONOST OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
The Website and Services may contain references to specific Alconost products and services that may not be (readily) available in a particular country. Any such reference does not imply or warrant that any such products or services shall be available at any time in any particular country.
You understand and agree that by using the Website and Services, You may be exposed to Content that You may find offensive, indecent or objectionable and that, in this respect, You use the Website and Services at Your own risk.
IN NO EVENT SHALL ALCONOST OR ANY OF ITS PARTNERS OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, CONTRACT, REVENUE, DATA, INFORMATION OR BUSINESS INTERRUPTION), UNDER ANY THEORY OF LIABILITY, RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THIS WEBSITE, OR SERVICES OR THE CONTENT, PRODUCTS, SERVICES, STATEMENTS, OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THIS WEBSITE AND SERVICES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED, OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE DATA, ANY LOSS OF DATA, LOSS OR DAMAGE TO FILES, LOSS OR DAMAGE TO THE CONTENT, OR ANY SERVICES AVAILABLE THROUGH THE WEBSITE THAT ARE DELAYED OR INTERRUPTED, EVEN IF ALCONOST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY ACTION BROUGHT AGAINST ALCONOST PERTAINING TO OR IN CONNECTION WITH THIS WEBSITE AND SERVICES MUST BE COMMENCED AND NOTIFIED TO ALCONOST IN WRITING WITHIN ONE (1) YEAR AFTER THE DATE THE CAUSE FOR ACTION AROSE.
LIMITATION OF LIABILITY. IN NO EVENT SHALL ALCONOST’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES IN ANY ONE OR MORE CAUSES OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE EXCEED FIVE HUNDRED U.S. DOLLARS. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
YOU HEREBY WARRANT THAT: (i) ALL INFORMATION PROVIDED BY YOU TO ALCONOST IN CONNECTION WITH THE WEBSITE, AND THE SERVICES IS TRUE, ACCURATE, CORRECT, AND UP TO DATE; (ii) YOU HAVE FULL POWER AND AUTHORITY TO ENTER INTO THESE TERMS OF SERVICE; (iii) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH ALCONOST; (iv) YOU WILL SEEK ALL NECESSARY GOVERNMENTAL APPROVALS REQUIRED TO EFFECTUATE THESE TERMS OF SERVICE; (v) YOU SHALL PERFORM ALL OF YOUR OBLIGATIONS UNDER THESE TERMS OF SERVICE IN ACCORDANCE WITH APPLICABLE LAWS, RULES, AND REGULATIONS; AND (vi) YOUR USER MATERIALS, USER CONTENT, EDITORIAL, TEXT, GRAPHIC, AUDIOVISUAL, AND OTHER CONTENT THAT YOU SUBMIT TO ALCONOST OR MAKE AVAILABLE TO OTHER USERS OF THIS WEBSITE DO NOT: (1) INFRINGE ANY INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY; (2) CONSTITUTE DEFAMATION, LIBEL OR OBSCENITY; (3) RESULT IN ANY CONSUMER FRAUD, PRODUCT LIABILITY, BREACH OF CONTRACT TO WHICH YOU ARE A PARTY OR CAUSE INJURY TO ANY THIRD PARTY; (4) PROMOTE VIOLENCE OR CONTAIN HATE SPEECH; (5) VIOLATE ANY APPLICABLE LAW, STATUTE, ORDINANCE, OR REGULATIONS; OR (6) CONTAIN ADULT CONTENT OR PROMOTE ILLEGAL ACTIVITIES.
Any and all products downloaded or purchased from this Website and Services may be subject to United States export controls. You or Your representatives agree that You and Your End Users are not nor will be at any time in the future (i) located in a country embargoed by the United States, (ii) the target of any sanctions program that is established by Executive Order of the President or published by the Office of Foreign Assets Control, U.S. Department of the Treasury (“OFAC”); (iii) designated by the President or OFAC pursuant to the Trading with the Enemy Act, 50 U.S.C. App. § 5, the International Emergency Economic Powers Act, 50 U.S.C. §§ 1701-06, the Patriot Act, Public Law 107-56 or any Executive Order of the President issued pursuant to such statutes; or (iv) named on the following list that is published by OFAC: “List of Specially Designated Nationals and Blocked Persons”; (v) or if the undersigned is an individual or a company that is on the U.S. Treasury Department’s list of Specially Designated Nationals (SDN) or (vi) on the United States Commerce Department’s Table of Deny Orders.
Alconost provides technical support for users. In order to receive technical support from Alconost, the user seeking such support must request such support by contacting Alconost at [email protected] or through the Website support portal. The User should describe the nature of the problem to be resolved as well as provide information about the User (name, address, etc). Alconost will make reasonable efforts to respond to such requests in a timely manner. The User shall cooperate with Alconost when seeking technical support services by providing information necessary to assist Alconost or requested by Alconost while diagnosing or resolving the issue. Although Alconost cannot guarantee that a technical support issue will be resolved, Alconost will make reasonable efforts to perform technical support services in a professional manner.
Notice and Procedure for Making Claims of Copyright and Trademark Infringement
DMCA. It is Alconost’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act (“DMCA”).” If You believe that Your work has been copied in a way that constitutes copyright infringement, please provide Alconost’s Copyright Agent with the written information specified below. (Please note that this procedure is exclusively for notifying Alconost and its affiliates that Your copyrighted material has been infringed.)
- An electronic or physical signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that You claim has been infringed upon;
- A description of where the material that You claim is infringing is located on this Website;
- Your address, telephone number, and e-mail address;
- A statement by You that You have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.
Alconost’s Copyright Agent for notice of claims of copyright infringement on this Website can be reached as follows:
Name: Dmitri I. Dubograev, Esq.
Address: 901 North Pitt Street #325 Alexandria, VA 22314
E-mail: [email protected]
For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Alconost’s customer service through [email protected]. You acknowledge that if You fail to comply with all of the requirements of this section, Your DMCA notice may not be valid.
Counter-Notice. If You believe that Your Content that was removed (or to which access was disabled) is not infringing, or that You have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in Your Content, You may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
- A statement that You have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
- Your name, address, telephone number, and e-mail address, a statement that You consent to the jurisdiction of the federal court in the City of Alexandria, Virginia, and a statement that You will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Alconost may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Alconost’s sole discretion.
Trademark Infringement Notice. Alconost recognizes the importance of trademarks and takes allegations of trademark infringement very seriously. If You are the trademark owner (or the authorized representative of the owner), You can report a claim of trademark infringement to us at [email protected]. While we do not adjudicate disputes between parties in connection with trademark infringement or any other matter, we will make good faith effort to address Your concerns, including (in some instances) removing the infringing content or disabling access to the infringing content. However, in order to be assured that the claimed content is indeed infringing, we may require proof from You, such as, for example a trademark registration or a court order finding trademark infringement. Some services or products on the Website are created and operated by third party developers or service providers. As such, Alconost does not have the ability to control the content made available through these applications or services. If You believe Your trademark has been infringed by a third party service provider and not Alconost, we suggest contacting the third party directly with Your concerns.
You hereby agree to indemnify and hold harmless Alconost, its affiliates, officers, directors, agents, and employees, from any expense, loss, claim, damage, fine, penalty or liability, including reasonable fees for attorneys and other professionals, payable under any judgment, verdict, court order or settlement, to the extent resulting from any claim, demand, action, suit, arbitration, or other proceeding initiated by any third party, including the assessment, claim or demand by a governmental agency or entity, arising out of User Materials, User Content, or Your breach of any representation, warranty, obligation, or covenant of these Terms of Service.
If the Website and Services are not available for any period or any time, Alconost shall not be liable. Alconost gives no warranties as to the accessibility, performance, or availability of the Website or Services. Temporary suspension of access to the Website and Services may occur without notice at our discretion including without limitation in the case of repair, maintenance, system failure, or for reasons beyond our control. Alconost reserves the right to suspend the operation of the Website or Services. You agree that neither Alconost nor its third party providers will be liable to You in any way for the termination, suspension, interruption, delay of any of the services and products on this Website.
Ending Your Relationship with Alconost
These Terms of Service will continue to apply until terminated by either You or Alconost as set out in these Terms. If You want to terminate Your legal agreement with Alconost, You may do so by: (a) notifying Alconost at any time and (b) closing Your accounts for all of the Services which You use. Your notice should be sent to [email protected]. Alconost reserves the right to terminate its legal agreement with You at its sole discretion.
Alconost may assign or delegate these Terms, in whole or in part, to any person or entity at any time with or without Your consent. You, however, may not assign or delegate any rights or obligations under these Terms without Alconost’s prior written consent, and any unauthorized assignment and delegation by You shall be void and ineffective.
Agreement to Deal Electronically
All transactions with or through the Website or Services may, at Alconost’s option, be conducted and executed electronically. We may keep records of any type of communication conducted via the Website or Services. All electronic records are deemed sent when they are properly addressed to the recipient and the record enters an information processing system outside the control of the sender or the record enters a region of an information processing system under the recipient's control. All electronic records are received when the record enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent, in a form capable of being processed by that system, and from which the recipient is able to retrieve the electronic record.
Injunctive Relief. You acknowledge and agree that any violation or breach of these Terms of Service may cause Alconost immediate and irreparable harm and damages. As a result, Alconost has the right to, and may in its discretion, immediately obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek permanent injunctive relief regarding any violation or breach of these Terms of Service. In addition to any and all other remedies available to Alconost in law or in equity, Alconost may seek specific performance of any term in these Terms of Service.
Force Majeure. Alconost will not be liable for any nonperformance, delay, error, data loss or other loss caused by any events or conditions that are beyond the reasonable control of Alconost.
Severability. These Terms of Service will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of these Terms of Service are held to be invalid or unenforceable under applicable law to any extent, then (a) such provision will be interpreted, construed or reformed to the extent reasonably required to render the same valid, enforceable and consistent with the original intent underlying such provision and (b) such invalidity or unenforceability will not affect any other provision of this Agreement.
Governing Law and Jurisdiction. These Terms of Service shall be governed by and construed and enforced in accordance with the laws of the Commonwealth of Virginia without reference to conflicts of law rules and principles. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. You agree to the exclusive jurisdiction of the courts of the Commonwealth of Virginia for any claim or cause of action arising out of, or relating to or in connection with these Terms or the Website or Services, provided that such exclusivity does not apply to legal actions initiated or brought by Alconost.
Alconost does not bear any responsibility nor assumes any risks if by any reason a product or a service made available on this Website breaches national law of any country. Those who access the Website or Services do so at their own initiative and are responsible for compliance with their national laws.
Copyright © 2018 Alconost Inc. All rights reserved. The Website and Services and accompanying products and documentation are the copyrighted property of Alconost Inc. and/or its licensors and protected by copyright laws and international intellectual property treaties. Alconost® and related logo, and all related product and service names, design marks and slogans are the trademarks and/or registered trademarks of Alconost Inc. All other product and service marks contained herein are the trademarks of their respective owners. Any use of the Alconost Inc. or third party trademarks or logos without the prior written consent of Alconost Inc. or the applicable trademark owner is strictly prohibited.