Terms of Service
Last Updated: June 24th 2019
Thank you for using Hi Translate. Hi Translate
is a service of Unbing Ltd. The terms
"us", "we," or "Hi Translate" (as the case may
be) refer to Unbing Ltd., respectively, based on your country of residence.
These Terms of Service
(the "Terms") and our Privacy Policy govern your use of all available
Hi Translate Services and Apps ("Hi Translate"), so please read them
carefully before using Hi Translate.
By using Hi Translate,
you agree to be bound by these Terms. If you don't agree to these Terms, do not
use Hi Translate. If you are using Hi Translate on behalf of an organization
(such as your employer), you are agreeing to these Terms for that organization,
and are indicating that you have the authority to bind that organization to
these Terms. In that case, "you" and "your" will refer to
that organization.
We may revise the Terms
from time to time. Changes may be posted to our blog and within our Apps, so
please check that regularly. The most current version will always be posted on
our Terms page. By continuing to use Hi Translate after revisions become
effective, you agree to be bound by the revised Terms. If you do not agree to
the new Terms, please stop using Hi Translate.
Auto Renewing
Subscriptions
For auto renewing
subscriptions completed in our iOS Apps following terms apply:
• Payment will be charged
to iTunes Account at confirmation of purchase.
• Subscription
automatically renews unless auto-renew is turned off at least 24-hours before
the end of the current period.
• Account will be charged
for renewal within 24-hours prior to the end of the current period, and
identify the cost of the renewal.
• Subscriptions may be
managed by the user and auto-renewal may be turned off by going to the user's
Account Settings after purchase.
• Any unused portion of a
free trial period, if offered, will be forfeited when the user purchases a
subscription to that publication, where applicable.
• You can cancel a free
trial or subscription anytime by turning off auto-renewal through your iTunes
account settings. This must be done 24 hours before the end of a free trial or
subscription period to avoid being charged. The cancellation will take effect
the day after the last day of the current subscription period, and you will be
downgraded to the free service.
Your Information and
Responsibilities
• You may use Hi Translate
only if you are 13 years or older and are not barred from using Hi Translate
under applicable law.
• By using Hi Translate,
you provide us with text, graphics, images and other information ("your
content"). You retain full ownership to your content. Hi Translate does
not claim any ownership rights to your content. However, you are also solely
responsible for your content. You indicate that you own or have the necessary
rights to all of your content, and that use of your content does not infringe,
misappropriate or violate a third party's intellectual property rights, or
rights of publicity or privacy, or result in the violation of any applicable
law or regulation.
Hi Translate Intellectual
Property Rights
Hi Translate and its
licensors exclusively own Hi Translate, including all associated intellectual
property rights. You acknowledge that Hi Translate is protected by copyright,
trademark, and other laws of Austria, the United States and other foreign
countries. You agree not to remove, alter or obscure any copyright, trademark,
service mark or other proprietary rights or notices incorporated in or
accompanying Hi Translate.
Hi Translate grants you a
limited, non-exclusive, non-transferable license to view, copy, and display Hi
Translate solely in connection with your permitted use of Hi Translate.
General Prohibitions
You agree not to do-or
attempt to do-any of the following:
• Probe, scan, or test the
vulnerability of any Hi Translate system or network or breach any security or authentication
measures;
• Access, tamper with, or
use non-public areas of Hi Translate, Hi Translate's computer systems, or the
technical delivery systems of Hi Translate's providers;
• Decipher, decompile,
disassemble or reverse engineer any of the software used to provide Hi
Translate;
• Interfere with, or
attempt to interfere with, the access of any user, host or network, including
sending a virus, overloading, flooding, spamming, or mail-bombing Hi Translate;
• Access or search Hi
Translate or download any intellectual property from Hi Translate through the
use of any engine, software, tool, agent, device or mechanism (including
spiders, robots, crawlers, data mining tools or the like) other than our
publicly supported interfaces;
• Plant malware or use Hi
Translate to distribute malware;
• Send any unsolicited
communications, promotions, advertisements or spam;
• Send altered, deceptive
or false source-identifying information, including "spoofing" or
"phishing";
• Post or transmit anything
that is fraudulent or misleading, or that infringes on others' rights;
• Impersonate or
misrepresent your affiliation with any person or entity;
• Violate the privacy of
others;
• Violate any applicable
law or regulation; or
• Encourage or enable any
other individual to do any of the above.
Although we're not
obligated to monitor access to or use of Hi Translate or your content or to
review or edit any of your content or the intellectual property of other Hi
Translate users, we have the right to do so for the purpose of operating Hi
Translate, to ensure compliance with these Terms, or to comply with applicable
law or other legal requirements. We reserve the right, but are not obligated,
to remove or disable access to any of your content, at any time and without
notice, including, but not limited to, if we, at our sole discretion, consider
any of your content to be objectionable or in violation of these Terms. We have
the right to investigate violations of these Terms or conduct that affects Hi
Translate. We may also consult and cooperate with law enforcement authorities
to prosecute users who violate the law.
DMCA/Copyright Policy
We respect copyright law
and expect you to do the same. It's our policy to terminate those accounts that
repeatedly infringe or are believed to be repeatedly infringing the rights of
copyright holders. If you believe that an Hi Translate product infringes your
copyright, please contact Hi Translate¡¯s copyright agent at applepd@unbing.net
Termination
We may suspend Hi
Translate or terminate your access to and use of Hi Translate, at our sole
discretion, at any time and without notice to you. For example, we may suspend
or terminate your use if you are not complying with these Terms, or use Hi
Translate in any way that would cause us legal liability or disrupt others' use
of Hi Translate. If we suspend or terminate your use, we will try to let you
know in advance and help you retrieve data, though there may be some cases (for
example, repeatedly or flagrantly violating these Terms, a court order, or
danger to other users) where we may suspend immediately. You may cancel your
account at any time by sending an email to applepd@unbing.net.
Warranty Disclaimers
Hi Translate OR OUR
LICENSORS' INTELLECTUAL PROPERTY ARE PROVIDED "AS IS," WITHOUT
WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM
ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE
OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT HI TRANSLATE WILL MEET
YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE
BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS,
TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY OF OUR INTELLECTUAL PROPERTY.
Indemnity
You will indemnify and
hold harmless Hi Translate and its officers, directors, employees and agents,
from and against any claims, disputes, demands, liabilities, damages, losses,
and costs and expenses, including, without limitation, reasonable legal and
accounting fees, arising out of or in any way connected with (i) your access to
or use of Hi Translate or our licensors' intellectual property; (ii) your
content; or (iii) your violation of these Terms.
Limitation of Liability
NEITHER HI TRANSLATE NOR
ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING HI TRANSLATE,
INCLUDING OUR LICENSORS, WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY
OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL,
SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF
SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM
THE USE OF OR INABILITY TO USE HI TRANSLATE OR OUR LICENSORS' INTELLECTUAL
PROPERTY, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE),
PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HI TRANSLATE
HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY
SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO
YOU.
IN NO EVENT WILL HI
TRANSLATE'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR
FROM THE USE OF OR INABILITY TO USE HI TRANSLATE OR TO ACCESS YOUR CONTENT
EXCEED THE AMOUNTS YOU HAVE PAID TO HI TRANSLATE FOR USE OF HI TRANSLATE OR
TWENTY DOLLARS ($20), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO HI
TRANSLATE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE
FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN HI TRANSLATE AND YOU.
GOVERNING LAW
These Terms and any
action related thereto will be governed by the laws of the Austria without
regard to its conflict of laws provisions.
General Terms
These Terms constitute
the entire and exclusive understanding and agreement between Hi Translate and
you regarding Hi Translate, and these Terms supersede and replace any and all
prior oral or written understandings or agreements between Hi Translate and you
regarding Hi Translate, except that if you become a party to Hi Translate's
Business Agreement, either before or after reviewing these Terms, the terms and
conditions of the Business Agreement will govern over any conflicting
provisions herein. If for any reason a court of competent jurisdiction finds
any provision of these Terms invalid or unenforceable, that provision will be
enforced to the maximum extent permissible and the other provisions of these
Terms will remain in full force and effect.
You may not assign or
transfer these Terms, by operation of law or otherwise, without Hi Translate's
prior written consent. Any attempt by you to assign or transfer these Terms,
without such consent, will be null and of no effect. Hi Translate may freely assign
or transfer these Terms without restriction. Subject to the foregoing, these
Terms will bind and inure to the benefit of the parties, their successors and
permitted assigns.
Any notices or other
communications provided by Hi Translate under these Terms, including those
regarding modifications to these Terms, will be given: (i) by Hi Translate via
email; or (ii) by posting to our website. For notices made by e-mail, the date
of receipt will be deemed the date on which such notice is transmitted.
Hi Translate's failure to
enforce any right or provision of these Terms will not be considered a waiver
of those rights. The waiver of any such right or provision will be effective
only if in writing and signed by a duly authorized representative of Hi Translate.
Except as expressly set forth in these Terms, the exercise by either party of
any of its remedies under these Terms will be without prejudice to its other
remedies under these Terms or otherwise.
Contact Information
If you have any questions
about these Terms, please contact us at:
applepd@unbing.net
END OF DOCUMENT.
All rights reserved.