Terms of Use

Oliopod Lingo: Human Powered Translating Service is a matching service (the following we call it “our service”) between freelance translator and clients which SKYAVY,inc. (the following we call it “SKYAVY”) producing belong to this terms of use agreement between our website users and SKYAVY.

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

1. Dedinition of terms

• “Our service” means Oliopod Lingo: Human Powered Translating Service offers its users (hereafter client) the opportunity to have texts and other documents translated for a fee through the Oliopod Lingo: Human Powered Translating Service website. The translations are carried out by Trasnradar or contracted translators. The realization and implementation of the respective contract is executed through use of the website Oliopod Lingo: Human Powered Translating Service In all cases the customer is the contractual partner of Oliopod Lingo: Human Powered Translating Service only, not the translator, who may be contracted by Oliopod Lingo: Human Powered Translating Service. Also Oliopod Lingo: Human Powered Translating Service offers translators the opportunity to translate texts and other documents against remuneration via the medium of the Internet platform operated by Oliopod Lingo: Human Powered Translating Service, delivering those translations by the same means.
• “Client” meaning users who order translation to translator on our service.
• “Translator” meaning users who translate a project which is ordered by client.
• “Site users” meaning who use our service.
• “Project” means translation request, also proofreading request on our service.
• “Customer/Client” meaning the other party who make a deal on our service.

2. Contract Formation

• The customer may enquire about ordering a translation via the website lingo.oliopod.com. SKYAVY shall then consistently provide a quote and time sensitive price calculation to the customer online. The contract between Oliopod Lingo: Human Powered Translating Service and the customer becomes valid upon the customer's order confirmation at Oliopod Lingo: Human Powered Translating Service.com. Non-withstanding, SKYAVY is authorized to revoke the contract when, for reasons such as outlined in section 3, the rejection is justified. In the event of a rejection neither party is obliged to perform or claim reimbursement.
• SKYAVY may base the contract execution on written verification of valid authorization for an advance payment, or submission of a bank declaration of surety ship
• Delivery deadlines are obligatory only if previously confirmed in writing by SKYAVY.

3. Scope of Services

• SKYAVY agrees to translate, or have the text submitted by the customer translated, into the requested language by a contracted translator in an appropriate and professional manner and to ensure that the translation is carried out without omissions, additions or other content changes.
• Individual subject terminology established by the client is taken into consideration only upon prior agreement, if sufficient and complete documentation, i.e. previous translations or glossaries are supplied upon placing the order. Otherwise, specialist terms shall be translated in accordance with the quality norm as outlined in section 1.
• Translations are limited to text only. If the text contains pictures (i.e. graphics, comics, etc.) SKYAVY may decline translation of these sections or the entire text. This applies also if the text consists of culpable or illegal content in violation of public morals. No compensation entitlement is due upon rejection.

4. Acceptance, Obligation to give notice of Defects and Correction (Client)

• Upon translation, the translated text is made available to the customer on the SKYAVY server as a down-loadable data file. At the same time the customer is notified of the completed project via email and advised of the storage address for download to their hard drive/cache memory.
• Obvious deficiencies of the translation noticed upon download or other modes of transmittal to the customer, shall be, in accordance with the commercial business trade, reported immediately in writing and outlining the discrepancies. (Obligation to give notice of defects). Hidden discrepancies shall be reported immediately upon discovery. Otherwise the translation shall be assumed contractually executed and acceptable.
• Other deliveries, i.e. per mail, email or fax shall be conducted only upon specific separate agreement.
• The customer is exclusively responsible for the retrieval via download to their hard drive/cache memory and shall hold SKYAVY exempt from liability. If other delivery arrangements have specifically been agreed upon (mail, email, fax) the possible loss of the translation shall be the responsibility of the courier at delivery, or in the event of transmittal via fax or email, shall be the responsibility of the customer.
• If the translated text is not sufficient in accordance with the contractual agreement the customer shall allow an acceptable time frame for correction of a minimum of 14 days by SKYAVY. Corrections are excluded if the customer has caused the discrepancy, i.e. by incorrect or incomplete information or faulty original text.
• Upon expiration of the agreed upon time frame the customer may request a termination of the contract or a reduction or compensation if the discrepancy has not been resolved in a timely manner. The entitlement excludes minor discrepancies that only insignificantly impact the quality of the translation.

5. Performance, delivery, check and acceptance of translations (Translator)

• SKYAVY shall offer the translator translation jobs without being obliged to do so. If the translator accepts a translation job, he/she is obliged to perform a diligent translation of the provided texts. The translator is not entitled to provide a partial performance on principle.
• The translator is able to enter the translated version of the text into a text box in the user interface.
• A transaction fee of 3 to 10% will be substracted from a total amount a translator gets when he/she exchanges his/her points.
• SKYAVY is not responsible of checking the texts submitted by the translator for quality assurance purposes. The translator does not have an entitlement for the submitted translations to be checked.
• The processing time for performing the translation depends on the individual job. If the translation is not delivered within the agreed time, SKYAVY or the customer shall set the translator a reasonable period of extra time to deliver the translation. If the translator does not keep to this deadline, SKYAVY is entitled to withdraw from the contract and claim damages on the grounds of non-performance. In this case, the translator is not entitled to payment of any remuneration. SKYAVY is further entitled to exclude the translator from further use of its services.

6. Data backup

• SKYAVY shall perform regular data backups for the data stored in the translator's customer account at SKYAVY. In the event of a loss of data, SKYAVY shall strive to rectify the loss of data immediately. This does not affect SKYAVY’s liability pursuant to section 7 of these Terms and Conditions.
• The costumer himself/herself is responsible for ensuring data backup for his/her translation services.

7. Liability

• SKYAVY shall be fully liable in case of injury to life, limb or health as well as gross misconduct (gross negligence or intent). In case of impossibility and default as well as in case of breach of material contractual obligations (so-called cardinal obligations), SKYAVY shall also be liable in cases of slight negligence, but then limited to the typical foreseeable damage. Cardinal obligations are contractual obligations whose fulfillment actually make the orderly execution of the contract possible and on whose fulfillment the ordering party regularly relies and also should be able to rely. Typical foreseeable damage is the type of damage that relates to the protective purpose of the respective breached contractual obligation or legal standard according to objective criteria. Otherwise, SKYAVY shall not be liable in cases of slight negligence. The above-mentioned limitations of liability also apply to the bodies and vicarious agents of SKYAVY.
• SKYAVY does not guarantee the accuracy of data made available by third parties via SKYAVY. Neither shall SKYAVY be liable for delays or defects in performance that are the result of unclear, incorrect or incomplete order conveyance or placement by third parties, including incorrect data input. This applies in particular in cases where third parties have obtained access to SKYAVY 's services without due authorization and have caused malfunctions, of whatever type and/or content, within the operation of SKYAVY's online platform.

8. Termination

• The customer cannot cancel the order once the order has been processed.
• Documentation provided by the customer for translation purposes shall be returned immediately upon completion or termination without reminder. The customer data or translation file provided within the scope of the contract remains with SKYAVY for archive purposes, unless the customer specifically requests that his personal data or the supplied text for translation be deleted.

9. Rights of Use

When items are created partially, or in whole, within the terms of the copyright law by the translation services, SKYAVY shall ensure that the customer may use and process the items in view of the provided translation, without restrictions as to area, content and time. (Basic servitude and processing right). The right to modify and disclose the translation and its underlying rights to third parties is included. All data transferred through our service maybe used for SKYAVY’s study and research to produce and make our service better.

10. Compensation and Terms of Payment

• Unless otherwise contractually agreed upon, SKYAVY shall provide the agreed services for billing the cost which is agreed upon contract formation (vgl. § 2.1) and the respective applicable value added tax. Within the scope of the payment process provided by SKYAVY the customer may render debt-relieving remittance in dollar only.
• For payment to translator, when translator request convert points into money (the following we call it “Total amount of reward”) we will pay through digital money system “Paypal” within 7days.
• Total amount of reward which provide to translator is only points that approve when translator request convert points into money on our website.
• Rights applicable to the translation (i.e. copyright, processing- and servitude right) are restricted from transfer until payment of compensation has been rendered in full.

11. Copyright

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of lingo.oliopod.com. The collective work includes works that are licensed to lingo.oliopod.com or SKYAVY, INC. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with lingo.oliopod.com or purchasing lingo.oliopod.com products or services. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with lingo.oliopod.com. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized lingo.oliopod.com. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

12. Trademarks

All trademarks, service marks and trade names of lingo.oliopod.com used in the site are trademarks or registered trademarks of lingo.oliopod.com.

13. Third-Party Links

In an attempt to provide increased value to our visitors, lingo.oliopod.com may link to sites operated by third parties. However, even if the third party is affiliated with lingo.oliopod.com, lingo.oliopod.com has no control over these linked sites, all of which have separate privacy and data collection practices, independent of lingo.oliopod.com. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, lingo.oliopod.com seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

14. Choice of Law

Jurisdiction. These Terms and Conditions supersede any other agreement between you and SKYAVY to the extent necessary to resolve any inconsistency or ambiguity between them. The Shop is administered by SKYAVY from its offices in Los Angeles, USA. These Terms and Conditions will be governed by and construed in accordance with the laws of the Commonwealth of Los Angeles, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to the Shop shall be brought only in the courts of the Commonwealth of Los Angeles or the United States District Court of Los Angeles. A printed version of these Terms and Conditions shall be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

15. Termination

You or we may suspend or terminate your account or your use of account at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of the account at any time without notice.

16. Additional Assistance

If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to email our customer care department to info@lingo.oliopod.com.