Terms of Use

Last Updated November 29, 2020

Through this website, The Joy of Translation LLC, a Minnesota limited liability company (“The Joy of Translation” or “us”, “our” or “we”)  offers people and businesses that pay (each a “Client”),  for its translation services (“Services”) the ability to have such Services provided pursuant to the terms of The Joy of Translation Service Agreement.

All people and businesses that visit this site (each a “User” or “you”) as well as Clients, agree to these Terms of Use as well as our Privacy Policy, whether or not they use our Services as a Client. By visiting our website, you agree and accept these Terms of Use and the Privacy Policy, each of which form a binding agreement (“Agreement”) between you and us.  The only recourse for Users and Clients that do not agree to these Terms of Use shall be to discontinue using our Services and visiting our website. Each User and Client acknowledges that this is a binding Agreement, and it governs use of the website and takes the place of any emails, texts or conversations between us and you.

PLEASE READ THESE TERMS OF USE CAREFULLY. Use of the Services is limited to those individuals and entities who can form legally binding contracts under applicable law, and without limiting the foregoing, the Services are not to be accessed or used by minors.

Before using any of the Services, Users and Clients agree that they have read and agree to be bound by this Agreement in its entirety. Users and Clients also agree to be bound by any changes to this Agreement and check back from time to time.  We may revise or amend the Terms of Use at any time without prior notice and Users and Clients agree the revisions or amendments will be effective upon updating on this website with those changes or amendments. We agree to change the “Last Updated” date appearing at the top of this page to reflect each time we make any changes to this Agreement. Continued use of the website and/or Services following the posting of changes shall mean that each User and Client accepts those changes. Even if Users and Clients agree to our Terms of Use, we may deny the use of some or all of our Services to them in our sole and absolute discretion.

Clients

If you become a client, you represent and warrant to The Joy of Translation that: (i) you are of legal age to form a binding contract, and, if you are acting on behalf of an organization, you have the right to enter this Agreement on behalf of such organization; (ii) you will provide The Joy of Translation with accurate, current and complete corporate/business information; (iii) your use of the Services is not prohibited by law; and (iv) you have all legal rights to request translation, publish, and distribute the works that you request we translate. We reserve the right to terminate or suspend your status as a User in the event that you breach any term of this Agreement.

Provision of Services

During the period that you are a User in good standing (the “Term”), you are entitled to use our website. The Joy of Translation is not responsible for any errors or delays in the Services caused by any error or fault of Client. Client will ensure that the Client will not upload, email, or transfer to us any works or other data that contain any computer virus, code or other software that may harm or impair the operation of our website, computers, or Services.

Use of Website and Services

Any Users or Clients that enter their email address or other contact information to use our Services or any of our software applications, are agreeing to receive email communication or push notifications from us. Users may unsubscribe from our emails or push notifications at any time but may be restricted from using our website in the future.

All the text, images, marks, logos, compilations (meaning the collection, arrangement and assembly of information), videos, sounds, media, data, texts, posts, ratings, reviews, favorites and other content on www.thejoyoftranslation.com, all of which are either now existing or that may be created in the future, (collectively, the “Site Content”) are proprietary to us or to third parties.

It is the sole responsibility of each User to ensure that any Site Content they post or supply to The Joy of Translation is complete, accurate, current, legal and reflects the true state and features of the displayed information. Each User that uses our website acknowledges that it owns the displayed Site Content or has the legal right to display such Site Content on our website.

The Joy of Translation uses a third-party intermediary to manage credit card processing and this intermediary is not permitted to store, retain, or use your billing information, unless encrypted, except to process your credit card information for The Joy of Translation. When a Client signs up for our Services and makes payment using a credit card, the credit card data is not processed on our servers and sensitive credit card data is encrypted.

Users and Clients agree that our third-party service providers may store Users and Clients encrypted credit card information. Users and Clients expressly agree that we are authorized to charge them (i) a fee for any applicable Services they sign up for, (ii) any other fees for Services they may purchase, and (iii) any applicable taxes in connection with their use of the Services, all of which charges will be made based on the credit card information the Users and Clients provide us and the Users and Clients agree to reimburse us for all collection costs, including reasonable attorney’s fees and statutory interest for any overdue amounts. If the payment card information the Users and Clients provide expires or they fail to make the payment and it does not provide new payment card information or the account is canceled, the Users and Clients authorize us to continue billing them and they agree to remain responsible for any uncollected fees. All fees shall be paid in U.S. dollars.

The Joy of Translation’s Use of User and Client Site Content

All of the personal payment information that The Joy of Translation collects from Users and Clients is subject to applicable privacy laws. We will not use personal payment information for anything not connected to providing Services under this Agreement or for a purchase you may make from us. The Joy of Translation will take all reasonable measures to protect User and Client personal payment information and will not disclose any personal payment information to unnecessary third parties. Each User and Client agrees to bear all risks of loss associated with disclosing such personal payment information and agrees to waive any and all claims of loss as against The Joy of Translation, even if such information is somehow improperly obtained from us.

             

Each User and Client gives The Joy of Translation the right to reproduce, use, disclose, and distribute any and all of the Site Content they provide us as well as any communication conducted with us, including but not limited to web pages, menus, designs, feedback, questions, comments, suggestions and the like, which shall also be considered Site Content. Each User and Client agrees that they shall have no right of confidentiality in their Site Content and The Joy of Translation shall have no obligation to protect their Site Content from disclosure, other than using reasonable efforts to protect their personal financial information. We shall be free to use any ideas, concepts, know-how, theories, images, artwork, graphics, photos, or techniques contained in such Site Content provided by Users and Clients for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information.

From time to time, personal financial information (including credit card information) may be transmitted to facilitate transactions with The Joy of Translation and its Users and Clients who are placing orders. As described in our Privacy Policy, we will not share such personal financial information with third parties other than those third parties, such as banks, processing gateways and merchant processors required to process a payment transaction, and Users and Clients understand that The Joy of Translation cannot control how the banks, processing gateways or merchant processors will use such personal financial information. Therefore, Users and Clients using this website and the Services hereby consent to such sharing of personal financial information. Each User and Client agrees to assume the risk and agrees that it is their responsibility to properly handle, secure, not store and destroy such personal financial information as may be necessary to protect it from misuse. The Joy of Translation shall not be liable to Users, Clients or any third party for misuse of such Site Content or personal financial information.

Emails and Text Messages

Users and Clients agree that by using this website and/or the Services they agree to receive emails and/or text messages.

Unsubscribing from Emails and Text Messages

Anyone that no longer wants to receive marketing and promotional related emails from The Joy of Translation, can unsubscribe from future emails by clicking the “unsubscribe” link at the bottom of the email.

If you no longer want to receive marketing and promotional related texts from The Joy of Translation, you can unsubscribe from future texts by notifying us at info@thejoyoftranslation.com. Please note that Clients that unsubscribe from our marketing and promotional texts may still receive texts related to order status, account status and transactions related to their status as a Client.

Third-Party Content

“Third-Party Sites” shall include third-party websites, social media sites, Google Play, the APP Store, and software applications all of which may be now existing or to be created in the future. Where our website contains links to Third-Party Sites and resources provided by third parties, we do not necessarily endorse or evaluate the third-party Content. We have no control over the third-party Content on Third-Party Sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. The Joy of Translation is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these Third-Party Sites and you agree to hold The Joy of Translation harmless from all liabilities related to the Third-Party content, software, and services of third parties. You should review those third parties’ terms of use, conditions, guidelines and privacy policies before you use their content, software or services. When you access Third Party Sites, you do so entirely at your own risk.

Social Media Networks

Our website may be accessible through or contain connections to Third-Party Sites or networks that allow people to publicly post information, communicate with others, review products, review our Services and submit Site Content in any form of media. Do not post any personal information that should not be made public, such as personal financial information.

You may be able to log into our website using your already existing social media network login information. You may also have the option to link social networks, such as Facebook, to your The Joy of Translation account. You grant The Joy of Translation permission to access any information or Site Content regarding your social media network account that you have made available to be shared.

 

Rules of Conduct for the Services.

Users and Clients Shall Not:

Use the Services or website for any purpose in violation of local, state, national or international laws;

Impersonate any person or entity, or forge or manipulate headers to disguise the origin of any User Authorized Site;

Harvest or otherwise collect information about others, including but not limited to email addresses, physical addresses and phone numbers without their consent;

Harvest or collect any data from our website, or use any automated means, including spiders, robots, crawlers, data mining tools or the like to download data from our website or from or relating to our Services (other than Internet search engines operating on terms reasonably acceptable to The Joy of Translation);

Attempt to gain unauthorized access to The Joy of Translation’s computer systems; or

Engage in any other conduct that restricts or inhibits any other person from using or enjoying the Services, or which, in The Joy of Translation’s sole judgment, exposes The Joy of Translation to any liability or detriment of any type.

The Services may not be used to publish, distribute, or otherwise make available any material that:

Is libelous, defamatory, threatening, abusive, scandalous, obscene or unlawful or that encourages a criminal offense;

Contains material from other copyrighted works without the written consent of the owner of such copyrighted material;

Infringes any copyright or violates any property rights, rights of privacy or publicity, or any other rights of any third party;

Contains any statement, formula, direction, recipe, prescription or other matter that involves a reasonably foreseeable risk of injury or damage to the material’s readers or others; or

Contains any software viruses or any other code, file or program that is designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment.

The Joy of Translation reserves the right (but is not obligated) to do any or all of the following:

Investigate any allegation that any User or Client has violated or breached in any way these Terms of Use; or

Disable access to the Services with respect to any User, Client or third party site that is abusive, illegal, or disruptive, or that otherwise fails to conform with these Terms of Use.

Intellectual Property; License; Compliance with Social Media and Other Platforms

The Joy of Translation provides Services so that Clients can choose what they would like translated. While every care has been taken to ensure no intentional breach of internet, communications, email, or social media network policies will occur in the performance of our Services. Each Client agrees to know and understand the requirements and policies of each social media platform or other medium on which they will be interacting, promoting, or marketing their translated work, and since there are so many, the Client agrees to be responsible for following such requirements and policies. Please be guided that policies can change from time to time and so Clients need to monitor those platforms from time to time regarding new policies, requirements, restrictions, and specifications.

The website holds certain Site Content, audio clips, data compilations, and software that is the property of The Joy of Translation and its third-party service providers and is protected by international copyright laws. No rights, usage or license are granted to Users or Clients to use such copyrighted material in any way.

All Services, logos, data, designs, code, and materials associated with The Joy of Translation are protected by intellectual property and other laws. Users and Clients must comply with all such laws and applicable copyright, trademark or other legal notices or restrictions.

Trademarks

“The Joy of Translation” and its various logos, trademarks, designs, graphics, artwork and slogans (cumulatively referred to as “Logos”) that are used or displayed through the Services are trademarks of The Joy of Translation and Users and Clients may only use these trademarks or logos for promotional purposes to identify yourself as a User or Client of The Joy of Translation’s products and Services, provided you do not attempt to claim ownership of the logos by incorporating any of them within your names or offerings. The proprietary ownership rights, trademark and copyright of the Services are the sole property of and remain with The Joy of Translation.

Proprietary Rights

The Joy of Translation authorizes Users and Clients to view, download, and use the Site Content solely in connection with their authorized use of the Services in accordance with this Agreement. Except as expressly permitted above, copying, modifying, reproduction, redistribution, republication, uploading, posting, transmitting, distributing, or otherwise exploiting in any way the Site Content, or any portion of the Site Content, is strictly prohibited without the prior written permission of The Joy of Translation. In addition, you may not link to any part of the Site Content or frame or otherwise display in any manner the Site Content at any other web site or elsewhere without The Joy of Translation’s prior written consent.

All software used by The Joy of Translation to perform the Services is proprietary to us or to third parties, and except as may be required to use the Services in accordance with this Agreement, any use, copying, redistribution, sale, decompilation, reverse engineering, disassembly, translation or reduction of such software to human-readable form is prohibited.

The mark The Joy of Translation and our logo are proprietary to us, and it may not be used in connection with any service or products other than those provided by The Joy of Translation, in any manner that is likely to cause confusion among Clients, or in any manner that disparages or discredits The Joy of Translation. Any use of The Joy of Translation mark, or any others displayed on the Services, will inure solely to the benefit of their respective owners.

Errors and Omissions

The website may contain inaccuracies and typographical errors, including but not limited to errors relating to pricing or the availability of certain products or Services offered by The Joy of Translation. You agree that The Joy of Translation is not responsible or liable for any, such inaccuracies, errors or omissions, and each User and Client agrees to hold The Joy of Translation harmless from such claims. The Joy of Translation reserves the right to make changes, corrections, cancellations and/or improvements to any information appearing on the website, and to the products and translation plans described in such information, at any time without notice.

Warranty Disclaimers and Limitations of Liability Regarding the Website

The Joy of Translation makes no representations or warranties of any kind regarding the Site Content, and The Joy of Translation EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE; THAT THE SITE CONTENT WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR, AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OR OTHER EXPLOITATION OF THE WEBSITE OR THE SITE CONTENT, AND AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE WEBSITE OR THE SITE CONTENT. No advice or information, whether oral or written, obtained by you from The Joy of Translation, or through the website or Site Content will create any warranty not expressly stated herein.

UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM THE JOY OF TRANSLATION ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATING TO THE WEBSITE OR SITE CONTENT, EVEN IF THE JOY OF TRANSLATION HAS BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THE MAXIMUM AGGREGATE LIABILITY OF THE JOY OF TRANSLATION FOR ANY AND ALL DAMAGES INCURRED BY YOU AS A USER SHALL BE THE LESSER OF AMOUNT PAID BY YOU TO THE JOY OF TRANSLATION FOR YOUR USE OF THE WEBSITE OR $100.

Indemnity of The Joy of Translation and The Joy of Translation Affiliates; Termination of Use.

Each User agrees to indemnify, hold harmless, and at their respective options, defend The Joy of Translation from all causes of action, claims and allegations (whether threatened or pending), costs, fees, charges, and expenses (including reasonable attorneys’ and professionals’ fees), judgments, damages, losses, and liabilities arising from or relating to the breach or alleged breach of duties or obligations under this Agreement or use of the website or Site Content. For any indemnified matter, The Joy of Translation will have full control of the response thereto and the defense thereof, including any agreement relating to the settlement thereof, and each User agrees to cooperate fully with The Joy of Translation in such matter.

The Joy of Translation may, at its option, suspend or terminate any User’s access to the website, including your password and account, at any time on notice to you. If such termination occurs due to breach of this Agreement by you, you will not be entitled to any refund, fees, damages, or other form of compensation on account of termination.

Governing Law and Dispute Resolution

This Agreement is governed in all respects by the laws of the State of Minnesota, without giving effect to its rules relating to conflict of laws. Any dispute arising out of or relating to this Agreement, or its subject matter, shall be resolved exclusively by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). Either party may send a notice to the other party of its intention to file a case with the AAA under this Section  (“Arbitration  Notice”).  The arbitration will be conducted in Mille Lacs County, Minnesota by a single arbitrator chosen pursuant to the Commercial Rules of Arbitration of the AAA. The arbitrator will not be required to provide detailed written explanations to the parties to support the award decision and regardless of outcome, each party shall pay its own costs and expenses (including attorneys’ fees) associated with the arbitration proceeding. The successful party in the arbitration shall not be entitled to an award of reasonable attorney’s fees and costs. The arbitration award will be final and binding and may be enforced in any court of competent jurisdiction.

 

Digital Millennium Copyright Act Compliance

The Joy of Translation complies with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended). If any person has any complaints or objections to material appearing on the website, we are acting as our own designated agent so you may contact us at the following address:

The Joy of Translation LLC
2136 Ford Parkway #8194
Saint Paul, MN 55116

Phone +49 15905256342

info@thejoyoftranslation.com

Any notice alleging that materials on this website infringe intellectual property rights must include the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;

A description of the copyrighted work or intellectual property that is claimed o have been infringed;

A description of the material that is the claim of infringement and where it is located on the website;

address, telephone number, and email address of the person making the claim;

A statement setting forth a good faith belief that the use of the materials on the website of which is not authorized by the copyright owner, its agent, or the law; and

A statement that the above information is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Minors

This website and our Services are not directed to persons under the age of 13. If you are under the age of 13, you are not permitted to register as a User or send any information about yourself to us.

Miscellaneous Provisions

No delay or omission by The Joy of Translation in exercising any of its rights occurring upon any noncompliance or default by a User with respect to any of the Terms of Use of this Agreement will impair any such right or be construed to be a waiver thereof, and a waiver by The Joy of Translation of any of the covenants, conditions or agreements to be performed by the User will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof contained. As used in this Agreement, “including” means “including but not limited to.” If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. This Agreement, and the Privacy Policy may only be amended by The Joy of Translation and we are not required to give Users prior notice, so Users are required to review these pages from time to time and take note of the last update that will always appear at the top of these pages. Section headings are for convenience only and shall not affect any interpretation of this Agreement or be deemed to be part of this Agreement. The use of the singular shall include the plural and the plural shall include the singular. All pronouns and any variations thereof used herein shall be deemed to refer to the masculine, feminine, impersonal, singular or plural, as the identity of the person or persons may require.