Terms Of Service

Overview

Acceptance of Terms/ Eligibility

You may not use the Platform if you do not agree to the Terms of the Agreement.

Further you may not use the Platform if (i) you are prohibited by local laws and regulations from using the Platform; or (ii) you are not fully able and competent to enter into a binding contract with Bablic.

By using the Platform, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all the terms and conditions of the Agreement

Privacy Policy

Registration

A condition precedent for you to use the Bablic Service and the Platform is that you are the legal owner of the website in respect of which you are utilizing and the Platform, the Bablic Service and further that you own all the intellectual property in respect thereof (or a legal proxy of the website owner), (herein: "your website" or "your site").

You are required to register with Bablic if you want to use the Bablic Service and the Platform. In order to register with Bablic you must supply a valid email address (which will be used as a unique identifier for your account), your name, and a password. You may also use an approved third party to register through its registration page and you'll be obligated in respect to and of its registration process.

You are solely responsible for maintaining the confidentiality of your password and account, and agree not to transfer your email address or password, or lend or otherwise transfer your use of or access to the Bablic Service and the Platform, to any third party.

You are also solely responsible for any and all activities that occur under your account. You may change your password, or any other account information, at any time by following instructions available on your My Account Page.

You agree to immediately notify us of any unauthorized use of your account or any other breach of security related to your account or the Bablic Service, and to ensure that you "log off"/exit from your account (if applicable) at the end of each session.

When you use the Bablic Service and the Platform, you agree to: (i) provide certain current, complete, and accurate information about you when prompted to do so by the Platform, and (ii) maintain and update this information as required to keep it current, complete and accurate. If any information provided by you during your original registration is inaccurate, then Bablic reserves the right to terminate your account immediately and your right to use the Bablic Service and the Platform.

We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.

Payment

The different fee structures and the fees payable for the Bablic Service are set out on the Platform (the "Fees"). The Bablic Services will be undertaken by Bablic on acceptance by Bablic of the online registration and the payment in full of the relevant Fees for the Bablic Service as set out on the Platform.

Fees are payable immediately online prior to Bablic performing the Bablic Services.

In case of non-payment of any Fee due by way of, inter alia, chargeback, fraud, declined credit card or for any other reason whatsoever, that is due from you, Bablic shall have the right to suspend or terminate your access to the Platform and to the Bablic Services immediately and without prejudice to the right to recover all sums payable from you or to any other right or remedy available to Bablic.

Bablic reserves the right to change its payment policy and the Fees charged for Bablic Services from time to time, with such changes becoming effective immediately. All Fees and other charges are payable in the currency stated on the Platform. If no currency is specified, all fees are quoted in USD and shall exclude any and all applicable taxes in the relevant jurisdiction (including but not limited to VAT and/or GST, as applicable).

You agree to pay to Bablic the Fees for any and all the Bablic Services you purchase from Bablic. You further agree that you are responsible for paying any and all applicable taxes due and payable in the relevant jurisdiction in which the Agreement occurs

Payments for the Bablic Services are made through a secure third party website. However, you acknowledge and agree that Internet transmissions cannot be guaranteed to be entirely secure or private and any information provided by you (including credit card information) may be able to be read and/or intercepted by a third party. Bablic shall have no liability for the interception and/or 'hacking' of any data or other unauthorized access to information provided by you for the purposes of the Bablic Services.

License to Use and Access the Bablic Service

Bablic hereby grants you, and you hereby accept a personal, non-transferable, non-exclusive license ("License") to use the Platform in order to utilize the Bablic Service.

All Intellectual Property (including, without limitation, copyrights, trade secrets, trademarks, patents etc.) evidenced by or embodied in and/or attached/connected/related to the Platform (including, without limitation, the software code, user guides and any other documentation) are and shall be owned solely by Bablic. Nothing in this Agreement and/or in granting the License shall constitutes a waiver of Bablics's Intellectual Property under any law.

The License does not include any resale or commercial use of the Platform, the Bablic Service or its contents; any derivative use of this Platform, the Bablic Service or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. The Platform, the Bablic Service or any portion thereof, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purposes without Bablic's express written consent. Further you may not copy or imitate part or all of the design, or look-and-feel of the Platform, which are protected by Intellectual Property.

Bablic may, from time to time, release new tools and resources on the Platform or introduce other services and/or features for the Platform. Any new services and features will be subject to this Agreement as well as any additional terms of use that we may release for those specific services or features.

Use of the Platform that constitutes abuse shall be determined by Bablic, in its sole discretion. Bablic reserves the right to terminate your account if Bablic determines you have not complied with the Agreement.

Restriction on Use of Content

You acknowledge that the Platform may contain information, software, photos, video, text, graphics, music, sounds or other material (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. The entire Content, taken together, is protected under Israeli copyright laws as a collective work, and we own a copyright in the selection, coordination, arrangement and enhancement of such Content. Modification of the Content or use of the Content for any other purpose, including use of any such Content on any other web site or networked computer environment is strictly prohibited. Except as otherwise expressly authorized in writing in advance by us, you agree not to reproduce, redistribute, sell, modify, rent, lease, loan, adapt, translate, create derivative works based (whether in whole or in part) on, decompile, reverse engineer, disassemble, or otherwise reduce all or any part of the Platform or the Bablic Service, including the Content.

The Bablic name and logo are the intellectual property of Bablic. All other trademarks appearing on the Platform are trademarks of their respective owners. Our partners may also have additional proprietary rights in the content which they make available through the Bablic Service and the Platform. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Platform should be construed as granting, by implication, estoppels or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.

Product quality

Bablic and its affiliates attempt to be as accurate as possible. However, Bablic does not warrant that product descriptions and translated information "on taken" from your website is accurate, complete, reliable, current, or error-free. Regardless of the quality disclaimer above specified, Bablic will, but have no obligation to, use your website user behavior in order to improve the Bablic Service product quality. You agree that neither Bablic nor its affiliates and service providers shall be held liable for any inaccurate, incomplete, unreliable or error-in respect of the Bablic Services and the translated information on taken from your website.

Materials Submitted Through the Platform

The definition of "materials submitted through the Bablic Service and Platform" herein is the whole and entire data, information, text, software, sound files, images, photographs, graphics, video, messages, files, links or any other materials ("Materials") located on your website regardless if it is scripted, hidden with pass word or privet. The Materials will be subjected to the Bablic Service which will include the transfer of the Materials to a third party in order for it to utilize and perform the Bablic Service. You agree that if you post any Materials through the Platform you automatically grant to Bablic, and its successors and assigns, a non-exclusive, worldwide, royalty-free, perpetual, non-revocable license, in and to the Materials, to use, downloading and printing in whole or in part, display, modify, publish, and adapt such Materials in order to utilize and perform the Bablic Service. You are solely responsible for any Materials, that are transmitted, posted, or distributed by you through the Platform, including, but not limited to, the contents of your email communications, information, reviews, user ratings, photos or images posted or related materials. By submitting Materials on your website you represent and warrant that you own all right, title and interest to such Materials and any likenesses contained in such Materials.

You acknowledge and agree that (a) we reserve the right (but have no obligation) to evaluate the Materials before allowing them to be posted through the Platform or otherwise stored in connection with the Bablic Service; and (b) we may do one or all of the following, at our sole discretion: (i) monitor the submission of Materials; (ii) alter, remove, or refuse to post or allow to be posted or stored any Materials; and/or (iii) disclose any Materials or any communication through the Platform, and the circumstances surrounding the transmission thereof, to: (a) any third party in order to operate the Bablic Service and the Platform; (b) comply with applicable laws; (c) respond to governmental inquiries or requests; (d) comply with valid legal process; (e) protect the rights, privacy, safety or property of Bablic, the Platform visitors or the public; (f) permit us to pursue available remedies or limit the damages that we may sustain; and/or (g) enforce the Agreement; and/or (iv) share the Materials with appropriate authorities and financial institutions, if Bablic determines in its sole discretion that; (a) you are attempted to defraud Bablic ; (b) you are committing any fraudulent activity or any other prohibited transaction; (c) you are committing any criminal activity; or (d) the Materials constitute hate speech.

Under no circumstances will we, or our employees, officers, directors, shareholders, agents, representatives or affiliates, be liable for any loss or damage caused by your reliance on Materials. In addition, we have no control over, and shall have no liability for, any damages resulting from, the use (including without limitation republication) or misuse by any third party of information voluntarily made public through any part of the Bablic Service and the Platform.

Without prejudice to the conditions set forth in this Agreement, you must not upload, store, distribute, send, transmit, display, perform, make available or otherwise communicate to the public any of the Materials to which you do not hold the necessary rights. In particular, any unauthorized use of copyright protected material within your Materials (including by way of reproduction, distribution, modification, adaptation, public display, public performance, preparation of derivative works, making available or otherwise communicating to the public via the Platform) may constitute an infringement of third party rights and is strictly prohibited. Any such infringements may result in termination of the Agreement, your access to the Platform and may also result in civil litigation or criminal prosecution against you by or on behalf of the relevant rights holder.

Links to Third Party Sites

The Platform may provide, or third parties may provide, links to other Internet websites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, services or other materials (collectively, "Third Party Materials") on or available from such sites or resources. You understand that you may be exposed to Third Party Materials that are offensive, indecent or objectionable. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Third Party Materials available on or through any such site or resource.

Availability

Bablic undertakes that it will use its reasonable best efforts to attempt to provide the Bablic Services and access to the Platform 24 hours a day, 7 days a week. However, there will be occasions when access to the Platform will be interrupted for maintenance, upgrades and repairs, that you acknowledge is a necessary function conducted by Bablic, or as a result of failure of telecommunications links and equipment that are beyond Bablics's control, Bablic shall bare neither responsibility nor liability for any loss of revenue that may result therefrom.

Bablic may modify or discontinue, temporarily or permanently the Platform, or any portion thereof, with or without notice to you.

Users Warranty, Indemnification Obligation, and Waiver

You represent and warrant that: (a) you own the Intellectual Property, or have obtained all necessary license(s) and permission(s), to use the Material in keeping with your use in connection with the Platform or as otherwise permitted by the Agreement; (b) you have the rights necessary to grant the license as described in the Agreement; (c) you have received consent from any and all persons depicted in your Material to use your Material as set forth in the Agreement, including distribution, public display, public performance, and reproduction of the Material; and (d) your Material does not violate or infringe any intellectual property right or other proprietary right, including right of publicity or privacy, of any person, company or entity, or other third party.

You agree to indemnify and hold Bablic and its shareholders, subsidiaries, affiliates, officers, agents, employees, co-branders or other partners, and licensors harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your Material, your use of the Platform, your connection to the Platform, any claim that your Material caused damage to someone else, any dealings between you and anyone else advertising or promoting via the Platform, your violation of the Terms of the Agreement, or your violation of any rights other rights whatsoever, including any Intellectual Property.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

THE PLATFORM AND THE CONTENT IS ARE PROVIDED BY BABLIC "AS IS," WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, BABLIC AND ITS LICENSORS MAKE NO WARRANTY THAT (a) THE PLATFORM AND THE CONTENT WILL MEET YOUR REQUIREMENTS OR WILL BE CONSTANTLY AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM AND THE CONTENT AND THE CONTENT WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (c) THE QUALITY OF THE PLATFORM AND THE CONTENT WILL MEET YOUR EXPECTATIONS; OR THAT (d) ANY ERRORS OR DEFECTS IN THE PLATFORM, OR CONTENTS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BABLIC OR THROUGH OR FROM USE OF THE PLATFORM AND THE CONTENT SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

BABLIC SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM USER'S USE OF OR PARTICIPATION IN ANY PLATFORM AND ARISING FROM THE PLATFORM AND THE CONTENT. ANY CONTENT DOWNLOADED ARISING FROM THE BABLIC SERVICE, MADE AVAILABLE OR OTHERWISE OBTAINED THROUGH USE OF THE PLATFORM IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD. BABLIC ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR SIMILAR CODE THAT IS DOWNLOADED TO USER'S COMPUTER FROM THE PLATFORM.

BABLIC DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY PLATFORM OR MATERIALS OFFERED BY THIRD PARTIES ACCESSIBLE THROUGH LINKED SITES. BABLIC MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT, AND SHALL NOT BE LIABLE FOR, ANY SUCH THIRD PARTIES, THEIR CONTENTS OR PLATFORM. ANY DEALINGS THAT USER MAY HAVE WITH SUCH THIRD PARTIES ARE AT ITS OWN RISK.

MANAGERS, HOSTS, PARTICIPANTS, MODERATORS, AND OTHER THIRD PARTIES ARE NOT AUTHORIZED BABLIC SPOKESPERSONS, AND THEIR VIEWS DO NOT NECESSARILY REFLECT THOSE OF BABLIC. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BABLIC WILL HAVE NO LIABILITY RELATED TO MATERIAL ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY, OR OTHER LAWS. BABLIC ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE USE, MISUSE, LOSS, MODIFICATION, OR UNAVAILABILITY OF ANY MATERIAL.

BABLIC WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD OR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE PLATFORM, EITHER WITH OR WITHOUT YOUR KNOWLEDGE.

Limitation of Liability

IN NO EVENT SHALL BABLIC, ITS SHAREHOLDERS, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT FORESEEABLE OR IF BABLIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH ITS USE OF OR ACCESS TO THE PLATFORM OR CONTENTS. NOTHING IN THE TERMS SHALL LIMIT OR EXCLUDE BABLIC'S LIABILITY FOR GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF BABLIC OR ITS EMPLOYEES, OR FOR DEATH OR PERSONAL INJURY.

BABLIC'S AGGREGATE LIABILITY AND THAT OF ITS SHAREHOLDERS, AFFILIATES, LICENSORS, AND SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO US $50. THIS LIMITATION WILL APPLY EVEN IF BABLIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Proprietary Information Undertaking

You acknowledge that Bablic exclusive right, title and interest in the Intellectual Property regarding the Platform and the Bablic Services. "Intellectual Property" means copyright, moral rights, trademark, trade dress, patent, trade secret, unfair competition, and any other intellectual and proprietary rights, including, but not limited to, those rights arising from the Bablic Services and the Platform.

You acknowledge that you have no right, title or interest to the Intellectual Property in the Platform, including all content arising from the multi-purpose translation service that allows you to convert your local site to a multi-language website, apart from the right to use such Intellectual Property on the Platform as set forth explicitly in this Agreement. You shall do all things necessary to protect the Bablic rights as set forth in this Section 16 and upon Bablic's request, shall, do any act necessary to confirm Bablic's ownership of such rights including without limitation executing any documents.

You agree that we, in our sole discretion, may terminate your password, account (or any part thereof) or use of the Bablic Service and the Platform, and remove and discard any Materials within the Platform, for any reason, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of the Agreement. We will also terminate your account upon receiving reliable information involving your violation of any law, and will cooperate with law enforcement agencies on such matters. We may also, in our sole discretion and at any time, discontinue providing the Bablic Service, or any part thereof, with or without notice. You agree that any termination of your access to the Platform under any provision of the Agreement may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account, and/or bar any further access to such files or the Bablic Service. Further, you agree that we shall not be liable to you or any third party for any termination of your access to the Platform.

We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: (a) modify or discontinue the Bablic Service, including, but not limited to (i) restricting the time the Bablic Service are available, (ii) restricting the amount of use of the Bablic Service permitted, and (iii) restricting or terminating any User's right to use the Bablic Service, with or without notice; (b) charge fees in connection with the use of the Bablic Service; (c) modify and/or waive any fees charged in connection with the Bablic Service; and/or (d) offer opportunities to some or all users of the Bablic Service. You agree that neither we nor any of our affiliates, shall be liable to you or to any third party for any modification, suspension or discontinuance of the Bablic Service, in whole or in part, or of any service, content or feature offered through the Platform.

We may revoke your registration privileges and/or take any other appropriate measures to enforce these guidelines if violations are brought to our attention. Further, we may, in our sole discretion, terminate your account or participation in any feature of the Bablic Service and the Platform for any reason.

Bablic’s Refund and Cancellation Policy is part of, and incorporated within, the Bablic Terms of Service (Click here for Refund and Cancellation Policy). As a condition of registering with Bablic and using the Bablic Services, you expressly acknowledge that you have read and understand the Refund and Cancellation Policy and you agree to be bound by its terms and conditions. If at any time you disagree with the Refund and Cancellation Policy or any part of it, your sole remedy is to cease all use of the Bablic Services and terminate your account. Please note, however, that any transactions which occurred prior to the date of such termination shall be governed and controlled in full by the terms of the Refund and Cancellation Policy.

User Conduct

You agree not to access or attempt to access the Platform by any means other than the interface provided by Bablic or circumvent any access or use restrictions put into place by Bablic to prevent certain uses of the Platform.

You agree not to use, or to encourage others or permit others to use, the Platform to:

In addition, you agree to comply will all applicable laws, regulations, and ordinances as a condition of use of the Bablic Service.

In order to permit us to protect the quality of our products and services, you hereby consent to our employees and representatives being able to access your account and records for any reason, in our sole discretion. We also reserve the right, but do not assume the responsibility, to monitor or review your conduct while using the Bablic Service and the Platform. Your use of the Bablic Service and the Platform is subject to all applicable local, state, national and international laws and regulations. Further, you acknowledge that you are responsible for obtaining or providing all access lines, telephone and computer equipment (including modem), or other devices, necessary to access the Platform, and paying all charges related thereto.

Jurisdictional Issues

Notices

Governing Law and Other Miscellaneous Terms

The Agreement does not, and shall not be construed to; create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Bablic. The Agreement shall be governed by and construed in accordance with the laws of Israel, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to the Agreement shall be filed only in courts located in the city of Tel-Aviv and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action and you waive any jurisdictional, venue or inconvenient forum objections to such courts. You agree that any claim or cause of action arising out of your use of the Bablic Service and the Platform or the Agreement must be filed within one (1) year after such claim or cause of action arose or it shall forever be barred, notwithstanding any status of limitations or other law to the contrary. Within this period, any failure by Bablic to enforce or exercise any provisions of the Agreement or related right shall not constitute a waiver of that right or provision. If any provision of the Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. Bablic may assign the Agreement, in whole or in part, at any time with or without notice to you. You may not assign, transfer or sublicense the Agreement or any or all of your rights or obligations under the Agreement without Bablic's express prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This is the entire agreement between you and Bablic relating to the subject matter herein and may not be modified by you. The Agreement will inure to the benefit of Bablic's successors, assigns and licensees. Without limitation, you agree that a printed version of the Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Copyright and Copyright Notices

We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances, and at our discretion, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:

Modifications to The Agreement

Bablic reserves the right to amend the Agreement at its sole discretion and any modifications shall be effective immediately upon posting. We will announce any such change by posting the revised draft of the Agreement on the Platform. You can determine when the Agreement was last revised by referring to the "Last Revised On" legend at the top of this page. By continuing to use the Platform following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of the Agreement or any changes thereto, please do not continue using this Platform.