Last modified on 8 March 2019
The AccessEast services are provided by AccessEast, the trading name of Ellen de Visser, Hanns-Eisler-Straße 74, 10409 Berlin, Germany.
This Agreement of Use (“Agreement”) govern the access or use by you, an individual or, if applicable, the company or other legal entity you represent, of websites, content, products, and services (the “Services”) made available by AccessEast. Please read this Agreement of use carefully before accessing or using the Services as they affect your rights.
Your access and use of the Services, including this website, www.accesseast.eu (the “Website”) constitutes your agreement to be bound by this Agreement, which establishes a contractual relationship between you and AccessEast. If you do not agree to this Agreement, you may not access or use the Services. This Agreement expressly supersede prior agreements or arrangements between you and AccessEast. AccessEast may immediately terminate this Agreement or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
AccessEast may amend this Agreement from time to time. Amendments will be effective upon AccessEast’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
2. The Services
The Services comprise the procuring of fast translation and localisation services via a website. As part of providing the Service, AccessEast arranges and conducts translation services with third party translators under agreement with AccessEast (the “Translators”). Users may deliver documents necessary for AccessEast to perform the Services via an order form on the Website or via email to firstname.lastname@example.org.
this Agreement incorporate AccessEast’s Confidentiality Agreement. By agreeing to this Agreement, you agree to the Confidentiality Agreement, the obligations of which survive any termination of this Agreement.
4. Quotes and Payment
AccessEast may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services.
You may elect to cancel your request for services at any time prior to such service has started, in which case you may be charged a cancellation fee.
The Services and all rights therein are and shall remain AccessEast’s property or the property of AccessEast’s licensors. Neither this Agreement nor your use of the Services convey or grant to you any rights: (i) in or related to the Services; or (ii) to use or reference in any manner AccessEast’s company names, logos, product and service names, trademarks or services marks or those of AccessEast’s licensors.
YOUR USE OF THE SERVICES
6. User Requirements and Conduct
You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes. You will not in your use of the Services cause nuisance, annoyance, or inconvenience to any other party.
7. User Provided Content
AccessEast may, in AccessEast’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to AccessEast through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant AccessEast the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor AccessEast’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by AccessEast in its sole discretion, whether or not such material may be protected by law. AccessEast may, but shall not be obligated to, review, monitor, or remove User Content, at AccessEast’s sole discretion and at any time and for any reason, without notice to you.
DISCLAIMERS, LIMITATION OF LIABILITY AND INDEMNITY
The services are provided “as is” and “as available.” AccessEast disclaims all representations and warranties, express, implied, or statutory, not expressly set out in this Agreement, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, AccessEast makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the services or any services or goods requested through the use of the services, or that the services will be uninterrupted or error-free. AccessEast does not guarantee the quality, suitability, or ability of Translators.
You agree that the entire risk arising out of your use of the services, and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.
9. Limitation of liability
AccessEast shall not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost data, personal injury, or property damage related to, in connection with, or otherwise resulting from any use of the services, even if AccessEast has been advised of the possibility of such damages. AccessEast shall not be liable for any damages, liability or losses arising out of: (i) your use of or reliance on the services or your inability to access or use the services. AccessEast shall not be liable for delay or failure in performance resulting from causes beyond AccessEast’ reasonable control. In no event shall AccessEast’ total liability to you in connection with the services for all damages, losses and causes of action exceed one hundred euros (EUR 100).
The limitations and disclaimer in this section 12 do not purport to limit or exclude liability that cannot be limited or excluded under applicable law.
You agree to indemnify and hold AccessEast and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of this Agreement; (iii) AccessEast’ use of your User Content; or (iv) your violation of the rights of any third party, including Translators.
11. Choice of Law.
this Agreement are governed by and construed in accordance with the laws of Germany, without giving effect to any conflict of law principles.
You may not assign this Agreement without AccessEast’s prior written approval. AccessEast may assign this Agreement without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of AccessEast’s business; or (iii) a successor. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, AccessEast or any Translator as a result of this Agreement or use of the Services. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deemed removed and the remaining provisions shall be deemed enforceable to the extent permitted by law. AccessEast’s failure to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision.