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SubtitleX's Terms and Conditions


Last update: February 2018

Welcome to SubtitleX.com.

SubtitleX.com is the localization marketplace for the independent film ecosystem.

The following terms and conditions ( "Terms of Service"), govern your access to, and use of, the SubtitleX website, including any content, functionality and services offered on or through www.SubtitleX.comQuestion (the "Site"), by EYZ Media GmbH. (Karl-Liebknecht-Str. 34, 10178 Berlin), as applicable.

Please read the Terms of Service carefully before you start to use the Site. By using the Site, opening an account, and by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service and by our Privacy Policy, found here, incorporated herein by reference. If you do not agree to these Terms of Service or to the Privacy Policy, you must not access or use the Site. For more detailed policies surrounding the activity and usage on the Site, please access the designated articles herein.

This Site is offered and made available to users who are 18 years of age or older. If you are under 18, you may not use this Site, or the SubtitleX services. By using this Site, you represent and warrant that you are of legal age to form a binding contract and to meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access, or use, the Site.

Key Terms


Projects are localization jobs administered through SubtitleX. Each Project relates to the localization of a single title.
Seekers are users who seek localization for one or more titles and wish to purchase services through SubtitleX.
Creators are users who offer localization services through SubtitleX.
On Post New Project Seekers can describe their Jobs and a Job's terms, and purchase subtitles.
Transaction is a payment made by the Seeker to compensate work assigned to a Creator.

Key Activities


Only registered users may seek and create on SubtitleX. Registration is free.
When posting a new job, a Seeker will receive an instant estimate of the costs entailed by the job requested.
By accepting the estimate, Seeker agrees to the price set for the job.
Once the job is affirmed by the system, the price set becomes a mandatory payment that the Seeker is required to make in order to receive the localization asset ordered.
Seekers pay SubtitleX in advance to receive the final asset.
Seekers may not offer direct payments to Creators using payment systems outside of the SubtitleX Order system.
For fees and payments please read the purchasing section here.
Once a job is affirmed, Creators must fulfill their orders, and may not cancel orders without cause.
Users may not offer or accept payments using any method other than placing an order through SubtitleX.com.
Seekers are granted all usage rights for the delivered work.


Projects


Seekers are allowed to post multiple Projects at once.
Projects may be removed by SubtitleX for violations to these Terms of Service, which may include (but are not limited to) the following violations and/or materials:

Illegal or Fraudulent services.
Copyright Infringement, Trademark Infringement, or violation of a third party's terms of service reported through our Intellectual Property Claims Policy found here.
Adult oriented services, Pornographic, Inappropriate/Obscene.
Intentional copies of Jobs.
Spam, Nonsense, or Violent Jobs.
Reselling of regulated goods.

Profiles/Job Postings that are removed for violations mentioned above may result in the suspension of the Creators/Seekers account.
Profiles/Job Postings that are removed for violations are not eligible to be restored or edited.
Profiles/Job Postings containing websites which promote content that violates SubtitleX´s Terms of Service will be removed.
Jobs may contain an approved Vimeo ID or designated upload link, and an SRT file uploaded through the SubtitleX management tools.
Statements on the Job Page that undermine or circumvent these Terms of Service are prohibited.

Purchasing


Subtitles/Assets may be purchased using PayPal.

Once a Seeker has reviewed and accepted the total amount, no further processing fees are added at the time of purchase.. The price approved by the seeker covers payment processing and administrative fees. Funds returned to the Seeker's balance from canceled orders will not include payment processing and administrative fees paid.

To protect against fraud, unauthorized transactions (such as money laundering), claims or other liabilities, we do not collect credit information but we allow our payment vendors to collect information for the purpose of collecting payments from buyers on the Site or those who are transferring payments to sellers on the Site. We are not exposed to the payment information provided to our payment vendors, and this information is subject to the privacy policy applicable to the payment vendor. Please see our Privacy Policy for more information here.

VAT


Seekers will be charged VAT in addition to the Service rate shown on the Job page. An invoice will be provided to allow eligible users to claim back the VAT from the tax authorities.

Orders


Once payment is confirmed, the asset will be made available to Seeker.
SubtitleX is required to deliver completed files and/or proof of work.

Handling Orders


SubtitleX estimates price and delivery window. The final price and delivery time will be displayed on all job views. All issues regarding an adaptation of price need to be clarified via email.

Users are responsible for scanning all transferred files for viruses and malware. SubtitleX will not be held responsible for any damages which might occur due to site usage, use of content, or files transferred.

Invoice


SubtitleX shall send the Seeker a corresponding invoice. SubtitleX reserves the right to invoice several Projects in a collective invoice.

Disputes and Cancellations


The Seeker shall inform SubtitleX within eight (8) days of delivery if it considers the delivery to be defective in any way. SubtitleX reserves the right to correct the discovered defects and mistakes within an agreed period of time.

SubtitleX will facilitate such claims within reasonable grounds. Such grounds can be:

Corrupt file.
Translation mistakes insofar as the general meaning of a specific subtitle is seriously misleading or wrong.
Spelling mistakes.
Grammar mistakes.
Changes to the SRT file structure making the usage of such file (in the general SRT definition) impossible or seriously flawed.
Violations regarding the initial job description, such as demands for the inclusion or deletion of HOH additions.
Violations of the general principles of subtitling such as an excess of characters, excess of lines per subtitle, or flawed line breaks.

Claims or dispute regarding the general style of translating are not deemed admissible.

SubtitleX will have eight (8) days to react to such claims. Any communication regarding claims or disputes must be made in writing with the SubtitleX messaging board deemed sufficient.

SubtitleX will relay the claims and disputes deemed to be valid to the Creator, with the request for respective corrections. SubtitleX will then set a new delivery date. Re-delivery shall not be later than eight (8) days from the date that SubtitleX initially reacted to the claim or dispute.

The redacted file will be made available to Seeker after corrections are made by the Creator.

If the Seeker wishes to make any alterations to the translation which are not directly attributable to any defects noted, the Seeker should make these alterations in cooperation with SubtitleX, otherwise SubtitleX shall not be responsible for any alterations made after delivery to the Seeker.

If the Seeker wishes to have changes made to a job delivered by SubtitleX and requests that SubtitleX implement such changes, SubtitleX reserves the right to charge a separate fee for such alteration/amendment work except when required as a result of objective defects in the translation delivered by SubtitleX.

When a translation is delivered to the Seeker for checking and approval before final delivery, the Seeker shall give SubtitleX its feedback within an agreed period of time in order to enable SubtitleX to finalize the assignment.

Filing a transaction dispute or reversing a payment through the payment provider or the bank without reason given as outlined above, without any reason or outside the time frame stated above, is a violation to these Terms of Service. Doing so may get an account temporarily disabled to investigate possible security violations.

In the event that the Seeker has not fulfilled its payment obligations in full on invoiced fees for previous orders, SubtitleX shall have the right to refuse subsequent orders from the Seeker until full payment on those previously invoiced jobs has been made.

SubtitleX reserves the right to cancel orders or place funds on hold for any suspected fraudulent transactions made on the Site.

All transfer and assignment of intellectual property to the Seeker shall be subject to full payment for the Project and the delivery may not be used if payment is cancelled for any reason.

If an order is canceled because SubtitleX is unable to deliver or to deliver corrections within the reasons listed above, the funds paid will be refunded to the Seekers account.

Revisions to deliveries can be performed by requesting revisions from the Creator via the SubtitleX messaging system.

Asking Creators to perform services beyond the agreed requirements is not permitted.

Order Cancellations


Requests to SubtitleX to cancel a Project will be assessed by SubtitleX for eligibility based on a number of factors, including violations to our Terms of Service, general misconduct, and improper usage of the SubtitleX delivery system.

Projects are not eligible to be canceled based on the quality of service/materials delivered by Creator if the service was rendered as described in the Project details. Seekers may rate their experience with the creator on the Project page, including the overall level of service quality received.

Prior to contacting Customer Support, Seekers must use the SubtitleX messaging service to address their concerns and the desired resolution related to the service provided by Creator.. Customer Support will not take any action in regard to Projects if the Seeker has failed to first inform the Creator of issues related to the Creator's service and allowed the Creator to provide a resolution. This does not include non-permitted usage of SubtitleX.

Any non-permitted usage of SubtitleX encountered during a Project under review by Customer Support may result in the Order being canceled. This includes, but is not limited to: harassment, unlawful behavior, or other violations to SubtitleX's Terms of Service.

Refunds


SubtitleX does not provide protection to users who interact outside the SubtitleX platform.

All information and file exchanges must be performed exclusively on SubtitleX.

Rude, abusive, improper language, or violent messages sent to users will not be tolerated and may result in an account warning or the suspension and removal of your account.

The SubtitleX marketplace is open to everyone. Discrimination against a community member based on gender, race, age, religious affiliation, sexual preference or otherwise is not acceptable and may result in the suspension and removal of your account.

Non-Permitted Usage


Adult Services and Pornography - SubtitleX does not allow any exchange of adult oriented or pornographic materials and services.

Inappropriate Behavior and Language - Communication on SubtitleX should be friendly, constructive, and professional. SubtitleX condemns bullying, harassment, and hate speech towards others. We allow users a medium for which messages are exchanged between individuals, a system to rate orders, and to engage on larger platforms such as Social Media pages.

Phishing and Spam - SubtitleX takes the matter its members' security seriously. Any attempts to publish or send malicious content with the intent to compromise another member's account or computer environment is strictly prohibited. Please respect our members privacy by not contacting them for commercial purposes without their consent.

Privacy and Identity - You may not publish or post other people's private and confidential information. Any exchange of personal information required for the completion of a service must be provided in the Project page. Creators further confirm that any information they receive from the Seeker which is not in the public domain shall not be used for any purpose whatsoever other than for the delivery of the work to the Seeker. Any users who engage and communicate offsite of SubtitleX will not be protected by our Terms of Service.

Intellectual Property Claims - SubtitleX will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party's terms of service.

Fraud / Unlawful Use - You may not use SubtitleX for any unlawful purposes or to conduct illegal activities.

Abuse and Spam


Multiple Accounts - To prevent fraud and abuse, users are limited to one active account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the SubtitleX community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations to SubtitleX's Terms of Service is cause for permanent suspension of all accounts.

Targeted Abuse - We do not tolerate users who engage in targeted abuse or harassment towards other users on SubtitleX. This includes creating new multiple accounts to harass members through our message or ordering system.

Selling Accounts - You may not buy or sell SubtitleX accounts.

General Terms


SubtitleX reserves the right to put any account on hold or permanently disable accounts due to breach of these Terms of Service or due to any illegal or inappropriate use of the Site or services.

Violation of SubtitleX's Terms of Service may get your account disabled permanently.

Users with disabled accounts will not be able to Seek or Create on SubtitleX.

Users who have violated our Terms of Service and have had their account disabled may contact Customer Support for more information surrounding the violation and status of the account.

Users must be able to verify their account ownership through Customer Support by providing materials that prove ownership of that account.

SubtitleX may make changes to its Terms of Service from time to time. When these changes are made, SubtitleX will make available on this page a new copy of our Terms of Service .

You understand and agree that if you use SubtitleX after the date on which the Terms of Service have changed, SubtitleX will treat your use as acceptance of the updated Terms of Service.

User Generated Content


User Generated Content ("UGC") refers to the content added by users as opposed to content created by the Site. All content uploaded to SubtitleX by our users (Creators and Seekers) is User Generated Content. SubtitleX does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights, or violations. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled.

By offering a service, the Creator undertakes that he/she has sufficient permissions, rights and/or licenses to provide, sell, or resell the service as offered on SubtitleX. Note that it is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Ownership


Ownership and limitations: When the work is delivered, and subject to payment, the Seeker is granted all intellectual property rights, including but not limited to, copyrights for the work delivered from the Creator, and the seller waives any and all moral rights therein. All transfer and assignment of intellectual property to Seeker shall be subject to full payment for the asset/job and the delivery may not be used if payment is canceled for any reason.

Creators further confirm that any information they receive from the Seeker which is not public domain shall be kept confidential and shall not be shared or used for any purpose whatsoever other than for the delivery of the ordered work to the Seeker.

Disclaimer of Warranties


Your use of the site, its content and any services or items obtained through the website is at your own risk. The site, its content and any services or items obtained through the website are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. Neither SubtitleX nor any person associated with SubtitleX makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the website.

The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

Limitation on Liability


In no event will SubtitleX, its affiliates or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the website, any websites linked to it, any content on the website or such other websites or any services or items obtained through the website or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

The foregoing does not affect any liability which cannot be excluded or limited under applicable law.