Website Terms of Use

These terms of use (“Terms of Use”) apply to the use of the Website, as defined below. Please read these Terms carefully before using the Website. The user (hereinafter “USER”) accepts and agrees that the use of the Website is governed by these Terms of Use and that it is bound by these Terms of Use.

1. Definitions

1.1 The following words and phrases shall have the meanings and definitions set forth below:

(a) “Website” means the collection of content and services available at the Internet site www.tilde.com/mt, systematically selected, processed, maintained, and updated by Tilde.

(b) “Translation” means all data consisting of a source side of a single or multi-word phrase, and the matching target side, which has the same meaning as the source side in a different language.

(c) “Derivative Work” means a work based upon one or more preexisting works, such as Translation, in which a work may be recast, transformed, or adapted. A work consisting of editorial revisions, annotations, elaborations or other modifications, which as a whole represent an original work of authorship, is a derivative work. Non-material modifications to a preexisting work do not constitute a derivative work.

(b) “Online Translator” means the service that processes the user’s texts and retrieves translation equivalents in the target language from external data resources.

2. Right to use the Website

2.1 Tilde grants USER a personal, non-transferable, non-exclusive right to use the Website in accordance with these Terms of Use.

2.2 The right to access and use the Website is limited to the remote access and/or use of the Website by means of electronic access via the Internet.

2.3 Access to the Online Translator and the Translation includes the following limitative rights:

  • the right to use the source and the target side of the Translation into a commercial product;
  • the right to make Derivative Works;
  • the right to use or resell such Derivative Works commercially;

2.4 Except as expressly stipulated in these Terms of Use or except as expressly allowed by mandatory law, the USER may not – nor permit any third party to – (a) copy, make available, sublicense, or otherwise commercialise the Website; (b) modify, translate, or otherwise create a derivative work of the Website; (c) disassemble, decompile, or reverse engineer the object code or source code of the Website.

2.4 Tilde may take technical measures to protect the Website. The USER may not remove or circumvent such technical measures.

2.5 Tilde reserves the right to audit – or to have a third party audit – whether USER complies with the granted rights regarding the use of the Website and/or the Data.

2.6 The USER is responsible for meeting the technical and functional requirements (provided by Tilde to the USER) in order to be able to access and use the Website. The use of the Online Translator and/or the Translation is for the USER’s own account and risk. The use of electronic communication facilities in order to gain access to the Online Translator is also for the USER’s own account and risk. Tilde will in no event be liable for any damage, loss or costs, including loss of Translation, or any inability of the USER to use the Online Translator as a result of a shortcoming, defect or other malfunction of the aforesaid electronic communication facilities. Furthermore, the risk of loss or theft of or damage to the Translation will at all times be borne by the USER.

3. USER’s obligations

3.1 The USER warrants it will correctly and properly use the Online Translator and/or the Translation, which includes but is not limited to compliance with the terms of these Terms of Use. The USER may in any case not use the Online Translator and/or the Translation for any acts and/or conduct contrary to the law, public order, public decency or these Terms. Furthermore, the USER's acts and/or conduct must be in accordance with what may in all respects be expected of a responsible and diligent USER.

4. Intellectual property rights

4.1 All ownership rights and all copyrights, sui generis database rights and patent rights in respect of the Online Translator exclusively vest in Tilde and its licensors. Furthermore, Tilde exclusively owns all rights in any ideas, concepts, know-how, documentation, techniques with respect to the Online Translator as well as the technology (other than the Translation) available on the servers of Tilde, unless the technology is licensed to Tilde.

4.2 The intellectual property rights to the Translation including any trademark rights vest with the USER or any other third party provider of reference documents and files that are used for the extraction of Translation. USER indicates upon submitting Translation, reference documents and files whether the USER owns the intellectual property rights to the Translation, acts on behalf of the owner of the intellectual property rights, or submits Translation or reference documents and files that are free of intellectual property rights and are as such Fair-to-Share. The USER does not grant Tilde, without the prior written consent from the trademark owner, the right to use any such trademarks.

5. Representations and Warranties of USER

5.1 USER hereby represents and warrants that to the best of its knowledge i) in the fulfillment of its obligations under these Terms of Use, USER will not share Translation, reference documents, or files which are violating, infringing, or misappropriating any intellectual property rights, proprietary information or any (trade) secrets of any third party and ii) has the right to grant to Tilde the licenses contemplated in these Terms of Use. If the USER is not the owner of the intellectual property rights, the USER will provide the name and contact details of the owner of the intellectual property rights, or the USER will explicitly state that the Translation, reference documents or files are free from intellectual property rights.

5.2 USER hereby further warrants that to the best of its knowledge Translation, reference documents or files submissions do not contain any viruses, worms, spyware, or other components or instructions that are malicious, deceptive or designed to harm or limit the functionality of a computer. USER warrants that procedures have been put in place that reduce the risk of contamination of the Online Translator with aforesaid shortcoming.

5.3 USER makes no representation or warranty of any nature as to the correctness of the Translation, reference documents or files that he submits.

6. Functioning of the Online Translator

6.1 The Online Translator is provided “as is” without warranty of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose and non-infringement. In no event shall Tilde or the owners of Translation vis-à-vis the USER be liable for any claim, damages or other liability, whether in an action of contract, tort or otherwise, arising from, out, or in connection with the use of the Online Translator and the Translation.

6.2 Tilde shall not be liable for any damage, loss, demand, liability, claim, cost or expense (including litigation costs and attorney's fees) of whatever kind, caused by or resulting from the use of the Online Translator and Translation.

7. Miscellaneous

7.1 Tilde may (i) suspend access to and/or the use of the Online Translator, or (ii) terminate the granted rights to USER, with immediate effect upon written notice if USER breaches the terms of these Terms of Use and/or otherwise acts unlawful against Tilde (including but not limited to infringing Tilde's rights in the Online Translator). If the rights granted to USER under these Terms of Use terminate, USER shall immediately cease using the Online Translator and destroy any and all entry codes and/or passwords.

7.2 All matters arising out of or relating to these terms and conditions shall be irrevocably submitted to the exclusive jurisdiction of the courts of the Republic of Latvia.

7.3 Tilde may amend these Terms of Use. Any such amendments will be reported to the USER on beforehand. Any continued use of the Online Translator by USER will subsequently constitute acceptance of the Conditions (as amended).

7.4 In the event that one or more provisions of these Terms of Use should be determined by an arbitral tribunal or court having competent jurisdiction to be null and void or non-binding, the other provisions of these Terms of Use will continue to be effective. In such case, the parties are obliged to replace the non-binding provisions with other provisions that are binding, in such a way that the intended economic result of the new provisions differs as little as possible from the intended economic result of the original provisions, taking into account the object and the purpose of these Terms of Use. If a part or parts of the Terms of Use rendered void, invalid or unenforceable substantially impair the value of the whole Terms of Use to any Party, such party may cancel and terminate the Terms of Use by giving written notice to the other party.

7.5 Any term or condition of a purchase order, invoice or other communication between the Parties, which in any way differ from or add to the terms and conditions of these Terms of Use, will not become binding upon the Parties unless made the subject of an amendment to these Terms of Use. Either Party's failure to object to any term or condition contained in any purchase order, invoice or other communication between the Parties shall not be deemed a waiver of the provisions hereof.