TERMS OF SERVICE AGREEMENT

1. DEFINITIONS

For purposes of this TOS AGREEMENT the following words or phrases shall have the meaning set forth below (regardless of capitalization):

a. USER = You, the person who indicates their consent by clicking the box acknowledging that they agree to the conditions contained in this TOS AGREEMENT, as well as any person the aforementioned may represent as an employee or agent and for whose benefit or under whose instructions said person is creating this account or on whose behalf said person is expressing agreement to the terms and conditions of this TOS AGREEMENT.

b. TRANSLIBRIS = The natural or legal person who owns and/or operates the website translibris.com ("SITE") and all individuals associated therewith including partners, owners, shareholders, board members, directors, employees, contractors, as well as its heirs and assigns.

c. PARTIES (or "Parties") = TRANSLIBRIS and USER.

d. SITE = the website translibris.com, the app, its program, its code, and its database.

e. UPLOADED CONTENT (or "Uploaded Content") = any text or content, including but not limited to written language, photographs, graphic files (.jpg, .png, etc.), video files (.gif, .mp4, .mov, etc.), audio files (.mp3, .wav, etc.), any documents (.doc, .pdf, .xls, etc.), which the USER uploads or posts on the SITE or which is uploaded or posted by another person using USER's SITE account or username.

f. DISPLAYED CONTENT = any and all text or content, including but not limited to written language, photographs, graphic files (.jpg, .png, etc.), video files (.gif, .mp4, .mov, etc.), audio files (.mp3, .wav, etc.), any documents (.doc, .pdf, .xls, .txt, etc.) displayed on the SITE or which can be accessed, downloaded or viewed by Registered Users and/or unregistered visitors through the SITE.

g. OBJECT = See Section 2 for definition.

h. OFFENSIVE CONTENT = See Section 3 for definition.

i. TOS AGREEMENT = This Agreement agreed to by the Parties.

Wherever the language below uses the first person ("I", "me", "my") it is understood that the person being referred to in the first person is USER as defined above.

2. OBJECT OF AGREEMENT

This Agreement is intended to govern: the relationship between TRANSLIBRIS and USER, USER's past, present and future use of translibris.com ("SITE"), and any circumstances arising therefrom ("Object").

3. ACCEPTABLE SITE ACTIVITY

I agree to refrain from uploading or posting any Uploaded Content that violates subsections 3(a), 3(b), OR 3(c) set forth below ("Offensive Content"):

a. Any content that might insult or offend other Registered Users or Unregistered Visitors using the SITE related to age, appearance, nationality, sexual orientation, gender status, disability status, race, religion, or sex.

b. Any content which TRANSLIBRIS (at its sole discretion) deems to be spam, automated posts, repetitive posts, unauthorized advertisements, or other content unrelated to literature, books, or translation.

c. Any content which USER does not have a right to make use of and publish (such as content that USER created themselves, that USER owns, that USER has a contractual right to use, that are in the public domain, or that constitutes fair use).

USER will take care to ensure no such Offensive Content is uploaded or posted to the SITE using USER's account or username and to immediately inform TRANSLIBRIS if USER should become aware of or suspect that Offensive Content may have been uploaded or posted to the site using USER's account or username. USER agrees to cooperate with TRANSLIBRIS in order to remove such Offensive Content and to mitigate any risk or liability connected with Offensive Content.

4. NO GUARANTEE OF SERVICE

I recognize that TRANSLIBRIS does not guarantee continuity of service or availability of DISPLAYED CONTENT or Uploaded Content. I understand that TRANSLIBRIS has the right to take offline, save, or delete any Uploaded Content for any reason whatsoever at will. I recognize that managing and hosting the SITE is a service provided by TRANSLIBRIS and, whether or not TRANSLIBRIS receives any compensation from USER or from any other person or derives any profit from SITE or User Content, TRANSLIBRIS has the right to at any time and without notice suspend or terminate SITE activities and/or USER's access to SITE, and that User Content may become permanently unavailable, saved or deleted at any time and without notice.

5. OWNERSHIP RIGHTS

I recognize that TRANSLIBRIS has sole ownership over all DISPLAYED CONTENT displayed or featured on the SITE including USER's Uploaded Content. This includes without limitation ownership rights, intellectual property rights, the right to the fruit of DISPLAYED CONTENT, the right to make use of Uploaded Content for any purpose whatsoever including for-profit economic use, and promotional use.

I hereby waive or relinquish any rights I might have under law or equity in connection with Uploaded Content including without limitation ownership rights, intellectual property rights, rights of the author, economic rights, usage rights.

6. INDEMNIFICATION

I acknowledge that I bear sole responsibility for any content I upload or post on translibris.com ("Uploaded Content"). I alone am civil and criminally liable for Uploaded Content and I agree to indemnify and hold harmless TRANSLIBRIS for any penalties, losses or costs incurred due to Uploaded Content. I alone bear all civil and criminal liability for Uploaded Content, including but not limited to liability related to violation or infringement of intellectual property rights, libel, defamation, discrimination, terrorist or criminal activities, harassment, bullying, pornography, child pornography, and violation of any other state or federal, governmental law or regulation. Should I learn that Uploaded Content in violation of the above has been uploaded or posted through my TRANSLIBRIS account or username I will immediately contact TRANSLIBRIS and alert them to this incident. I will also cooperate with TRANSLIBRIS in order to mitigate any liability or risk associated with Uploaded Content and to defend TRANSLIBRIS in any civil or criminal proceeding in which TRANSLIBRIS has been named as defendant in connection with Uploaded Content or in which TRANSLIBRIS may be held criminally or civilly liable.

7. NO COMPENSATION DUE

I acknowledge that any past, present or future activities I perform or engage in while browsing or using the SITE, whether logged in or not logged into my SITE account, constitutes activity which I voluntarily engage in solely for recreational, educational, entertainment, information, personal and/or other noncommercial purposes. I recognize that all such activity is done without any expectation of compensation and it does not constitute work. I hereby waive any right I may have under law or contract for compensation in connection with activity carried out by using the SITE.

8. ACCEPTANCE OF RISK

I acknowledge that any past, present or future, use I make of the SITE is at my own risk, that TRANSLIBRIS owes no duty and holds no responsibility for any offense, damage, or loss I suffer connected to SITE or User Content including without limitation economic loss, loss of reputation, loss of opportunity, loss connected with civil or criminal liability, or physical injury.

I waive and relinquish any right to damages or compensation I may have presently or in the future arising from the use of the SITE and Displayed Content under law, contract or equity due to offensive content, discrimination, libel, defamation, fraud, tort, provided it is not knowingly committed by TRANSLIBRIS.

9. NO EXPECTATION OF PRIVACY

I recognize that SITE is a public, social media site and that any Uploaded Content, including information whose visibility I have elected to be restricted to registered users, friends, or just myself, and including without limitation my first and last name and email address, may be subject to a data leak or may be made public. None of the Uploaded Content or information I have shared through TRANSLIBRIS constitutes personal, private, sensitive or confidential information; I do not expect any of the Uploaded Content I upload or post to be kept private or confidential; and in no case should TRANSLIBRIS be held liable for the fact that Uploaded Content has been made public with or without my knowledge or consent.

10. NO RELIANCE

I agree that I have never relied nor will I ever rely in the present or future on TRANSLIBRIS, the SITE or Displayed Content. I bear all risk of loss and am not entitled to any compensation due to Displayed Content and/or Uploaded Content being unavailable or due to errors or omissions in Displayed Content. I understand that TRANSLIBRIS makes no assurances that Displayed Content is free from errors or omissions or that Displayed Content will be available in the future.

11. WAIVER OF WARRANTY

I waive and renounce any and all warranties whether tacit or explicit, verbal or written that TRANSLIBRIS may have made or may owe under law including the implied warranties of merchantability or fitness for a particular purpose. The only remedy I have in connection with this contract and its object is to request that my account be deleted which request will not be arbitrarily denied. I acknowledge that I have no right to any economic compensation, injunctive relief, or any remedy causing Uploaded Content to be deleted or causing the SITE to be suspended, terminated, or seized.

12. RIGHT TO MODIFY TERMS OF SERVICE

I acknowledge that TRANSLIBRIS has the right to modify these Terms of Service at any time and without notice. At any time, the Terms of Service published on the SITE shall constitute the governing terms and conditions of this TOS AGREEMENT.

13. FINAL CONTRACT

I agree that this TOS AGREEMENT constitutes the whole of the agreement between the Parties and any other past or present agreements whether verbal or written are null and void. Should any part of this TOS AGREEMENT be declared null or invalidated all other terms and conditions of this TOS AGREEMENT shall remain in force and all efforts will be made to preserve the spirit and intent of this TOS AGREEMENT.

This TOS AGREEMENT is intended to be the sole, final Agreement between the Parties, related to SITE. I acknowledge that TRANSLIBRIS explicitly rejects ahead of time any additional, supplementary, or modified terms and conditions. The sole exception to this rule would be an AMENDMENT agreed to in writing between TRANSLIBRIS and USER and signed by TRANSLIBRIS or its authorized representative.

14. GOVERNING LAW, FORUM AND JURISDICTION

This contract is governed by New York State law.

USER agrees that any suit or petition USER should file against TRANSLIBRIS arising from this contract or its object must be filed in the New York State court serving Orange County, New York and USER agrees that said court shall have sole jurisdiction over any dispute between USER and TRANSLIBRIS related to this contract or its object.

USER acknowledges that USER was given adequate time and opportunity to read this TOS AGREEMENT and to consult with legal counsel prior to executing this contract and that USER has done so to USER's satisfaction.