注意：这是一份有法律约束力的合同。在使用弗吉尼亚联邦公司 ALCONOST INC.（以下简称“ALCONOST”）通过本网站提供的服务之前，请仔细阅读这些服务条款。 本协议用于规范您与 ALCONOST 的关系以及您对通过 ALCONOST 网站提供的服务的使用。 ALCONOST 特此请求您接受这些服务条款。 只有您接收此处包含的所有条款和条件，才能使用通过 ALCONOST 网站提供的服务。 使用通过本网站提供的服务即表示您接受这些服务条款。 如果您不接受这些服务条款，请勿使用 ALCONOST、网站或服务。
这些服务条款包括 ALCONOST 的隐私政策，该隐私政策已纳入并构成这些服务条款的一部分。
“Alconost Nitro”指由 Alconost 管理并带有“Nitro”名称的本网站和服务的一部分，该部分便于由专业现场翻译人员向您提供在线翻译和校对服务。
“Alconost 服务内容”指所有软件和其他专有工具、编辑内容、消息、信息、数据、文本、软件、音乐、声音、艺术品、图形、图像、用户界面、图标、照片、视频、答案、问题、分数、建议、提示、概念、想法、计划、订单、请求或类似内容，或由 Alconost 或代表 Alconost 在 Alconost 网站上或通过任何移动应用程序提供的任何其他材料，以及用于在 Alconost 网站上的页面的计算机程序。
“用户内容”指任何编辑内容、消息、信息、数据、文本、软件、音乐、声音、艺术品、图形、图像、用户界面、图标、照片、视频、答案、问题、分数、建议、提示、概念、想法、计划、订单、请求或类似内容，或任何用户在或通过 Alconost 网站和/或服务发布或传输，但明确不包括所有 Alconost 服务内容的任何其他材料。
“用户材料”指您通过本网站和/或服务（包括 Alconost Nitro 和任何移动应用程序）提交的用于翻译的任何编辑内容、文本、视频、信息、数据、音乐、图像、想法或任何其他材料。
“网站”指 https://alconost.com 及 Alconost 拥有和/或运营的其他相关网站和服务。
“您”、“您的”和“用户”指所有出于任何原因以任何形式访问或使用 Alconost 网站和/或服务的个人和/或实体。
许可类型。 这些服务条款（“条款”、“ToS”或“服务条款”）是您与 Alconost 之间关于使用 Alconost 和/或其授权经销商提供的网站的具有法律约束力的协议。 Alconost 根据这些服务条款中规定的条款和条件提供本网站和服务以供您使用。 访问和使用 Alconost 网站和服务，即表示您同意受这些服务条款和此处包含和/或引用的所有条款和条件以及本网站上规定的任何附加条款和条件的约束并接受这些条款和条件。
如果您不同意这些条款中包含的所有条款和条件，则不应使用本网站或 Alconost 服务。 如果您不同意适用于特定内容（定义如下）或通过本网站或服务达成的特定交易的任何附加的特定条款，则您不应使用本网站或服务中包含此类内容或通过其达成此类交易的部分。 此外，当您使用任何当前或未来的 Alconost 服务或访问本网站或从中获取任何产品、应用程序或服务时，无论免费还是付费，您都须遵守适用于此类产品或服务的指南和条件，而不是 Alconost 的指南和条件。
服务条款更新。Alconost 可能随时修订这些服务条款并通过以下任何方式发出通知：在网站主页上发布公告、在您登录您的用户帐户（定义如下）时或之后发布公告，或向您在设置用户帐户时提供的地址发送电子邮件。 您未能在您的用户帐户中提供或保持准确或最新的联系信息，不会免除您遵守这些不时修订的服务条款的责任。 请定期查看这些服务条款，确保您了解制约您对本网站和服务的使用的所有条款。 特定条款和条件可能适用于本网站包含或通过本网站获得的特定内容、产品、材料、服务或信息（“内容”）或通过本网站达成的交易。 此类特定条款可能作为这些条款的补充，或者，如果与这些条款不一致，仅在此类特定条款的内容或意图与这些条款不一致的情况下，此类特定条款将取代这些条款。 请定期查看这些条款，确保您了解制约您对 Alconost 网站和服务的使用的所有条款。
Alconost 保留随时更改或更新本网站、其内容或格式的权利，恕不另行通知。 Alconost 还保留自行决定出于任何原因终止或限制对本网站及其服务或其任何部分的访问的权利。
您同意仅将本网站和服务用于这些服务条款以及相关司法管辖区的任何适用法律、法规或普遍接受的做法或指南允许的目的。 ALCONOST 不对任何违反您、您的用户或您的任何关联方违反适用法律、规则或法规的行为负责。 您有责任确保您对 ALCONOST 网站和服务的使用不违反适用的法律、规则或法规。 具体而言，您同意并保证在使用本网站和服务时，您的行为不违反 (1) 您居住的国家、州或地区，或 (2) Alconost 所在或运营的国家、州、或地区的法律、规则或法规。 这包括遵守适用的进出口限制以及其他限制。
您同意不出于任何可能 (a) 威胁或骚扰任何人或对任何人或财产造成损害或伤害，(b) 涉及发布任何虚假、诽谤、骚扰或淫秽的材料，(c) 侵犯隐私权或助长偏见、种族主义、仇恨或伤害，(d) 构成未经请求的群发电子邮件、“广告邮件”、“垃圾邮件”或连锁信件；(e) 构成对知识产权或其他专有权利的侵权，或 (f) 以其他方式违反适用的法律、条例或法规的目的使用或允许使用这些服务，包括通过上传、发送电子邮件、张贴、发布或以其他方式传输任何材料。 除了根据这些服务条款赋予 Alconost 的任何其他权利外，Alconost 保留删除或禁止访问任何违反上述限制的材料的权利。 如果 Alconost 采取此类行动，Alconost 不应对您承担任何责任。 您同意为 Alconost 辩护并赔偿因您违反本部分规定的义务而引起的对 Alconost 的任何索赔。
您同意不通过 Alconost 或其授权合作伙伴提供的方式以外的任何方式访问（或尝试访问）这些服务。 您同意不通过自动方式访问（或尝试访问）这些服务，并且您不会从事任何干扰或扰乱这些服务（或连接到这些服务的服务器和网络）的活动。
- 删除或修改任何网站标记或 Alconost 或其许可人的专有权利的任何通知；
- 对这些服务的任何部分进行修改、制作衍生作品、反汇编、反向编译或反向工程，或访问或使用这些服务以构建或支持和/或协助第三方构建或支持与 Alconost 存在竞争关系的产品或服务；
您提交到本网站和服务、通过本网站或服务发送或存储在本网站和服务上的所有材料、文档、通信或信息均受这些服务条款和隐私政策的约束。 此类信息的安全对 Alconost 非常重要。 Alconost 的隐私政策可由 Alconost 自行决定变更；但是，Alconost 的政策变更不会导致为您的数据提供的保护级别出现实质性下降。 Alconost 保留从世界各地和/或通过使用分包商提供服务的权利。
Alconost 尊重您的隐私以及对您个人信息的使用和保护。 请参阅我们的隐私政策，了解在您使用本网站时收集和使用您的个人信息的重要信息和披露。
Alconost 可能使用工具、脚本、软件和实用工具（统称“工具”）来监测和管理这些服务，并帮助解决您的 Alconost 服务请求。 这些工具不会收集、报告或存储保留在服务生产环境中的您的任何数据，除非为了解决服务请求或所提供的服务中的其他问题而有必要这样做。 这些工具收集的数据（不包括生产数据）还可能用于协助管理 Alconost 的产品和服务组合以及用于许可管理。
Alconost 可能收集与这些服务的性能相关的统计信息，并可能公开此类信息，前提是此类信息不包含您的数据和/或识别您的机密信息或包含您的公司名称。 Alconost 保留此类信息中的所有知识产权。
本网站和服务可能包括不受 Alconost 控制的其他网站和/或第三方产品的链接（统称为“第三方材料”）。 可能对于使用某些 Alconost 服务来说适当或必要的第三方材料已在程序文档中指定（如适用）。 您使用此类第三方材料的权利受 Alconost 指定的第三方材料许可协议条款的约束，不受本协议约束。 Alconost 不应以任何方式对此类第三方材料负责。 Alconost 提供此类链接只是为了方便本网站和服务的用户，包含任何第三方材料的任何链接并不意味着 Alconost 认可此类第三方材料的内容、产品和/或服务。 尽管这些服务条款中有任何相反的规定，但这些服务条款中的任何内容均不应被解释为赋予您有关此类第三方材料的任何权利或许可，或授予您使用此类第三方材料的权利。
如果您遵守以下规则，则可以链接到本网站。 您可以链接到本网站的主页或本网站的任何其他页面。 但是，您不可以使用内嵌链接（或热链接）或框架。 您不得暗示 Alconost 认可或赞助链接方或其网站、产品或服务。 未经 Alconost 事先书面许可，您不得使用 Alconost 的知识产权，包括但不限于商标、商号和版权。 此外，您同意根据 Alconost 的要求随时删除链接。
Alconost 网站整体（除用户内容外），包括 Alconost 网站的名称和徽标、Alconost Nitro 和所有其他 Alconost 服务内容、网站设计、文本、数据、界面、产品和服务名称、设计标志、徽标、按钮图标、图例、图像、照片、音乐、音频和视频片段、标题、页眉、图形、软件和上述元素的选择、表达、结构、编排、配合、增强和展示，以及 Alconost 网站的“外观和感觉”（包括颜色组合、布局、设计和所有其他图形元素），是 Alconost 和/或其附属公司、许可方或其他内容供应商的独有财产，受美国和国际的任何和所有版权、服务标志和商标条约、法律、法规和规则保护，未经 Alconost 事先书面许可，不得出于这些条款中未明确授权的任何目的复制、使用或重复使用。 您承认，这些权利在现在存在或以后开发的所有形式、媒体和技术中均有效并受保护。 Alconost 在 Alconost 网站上发布的内容可能包含其他专有权声明或描述 Alconost 或第三方拥有的产品、服务、流程或技术。 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@example.com 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 firstname.lastname@example.org 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
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@example.com. 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 firstname.lastname@example.org. 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@example.com. 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.