TERMS AND CONDITIONS

Last Updated: 17 September, 2011
Welcome to Mediatrad, the Web site localization of InDesign documents. Mediatrad is a registered TradeMark of the Medialab company. This User Agreement governs your use of the Mediatrad Site (called also "Mediatrad Services" or simply "Mediatrad"). Please read these Terms and Conditions of use carefully, because by visiting or using the Mediatrad Site, you agree to these Terms and Conditions. From time to time we may modify these Terms and Conditions. We will notify you of any significant change by posting a notice on the login page. After any modification you will have to give your agreement to the new Terms and Conditions to continue to use the Mediatrad Site.

1. 1.
   General conditions

   1. 1.1.
      Mediatrad is a web site giving access to the on-line CAT (Computer Aided Translation) tool for InDesign CS5.5 files. Mediatrad works with InDesign CS5.5 under Windows - files created with lower versions like CS3 are converted to CS5.5 format (InDesign under Mac to InDesign under Windows) and output files will be delivered in CS5.5 under Windows.
   2. 1.2.
      The Site is available only to individuals or corporate entities that can form legally binding contracts under applicable law. This Site is not available to persons under 18 years of age. Each user is responsible for what occurs on their Account and must report any unauthorized use of their Account to us.
2. 2.
   Proprietary rights

   1. 2.1.
      Medialab owns all legal rights, titles and interests in and to the Mediatrad Services, including any intellectual property rights which subsist in the Mediatrad Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Mediatrad Services may contain information which is designated confidential by Medialab, and that you shall not disclose such information without Medialab’s prior written consent.
   2. 2.2.
      Medialab acknowledges and agrees that it obtains no rights, titles or interests from you (or your licensors) under these Terms and Conditions in or to any content that you submit, post, transmit or display on, or through, the Mediatrad Services, including any intellectual property rights which subsist in that content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Medialab, you agree that you are responsible for protecting and enforcing those rights and that Medialab has no obligation to do so on your behalf.
   3. 2.3
      You are not allowed to remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Mediatrad Services, to undertake any activity that interferes with or disrupts the Mediatrad Services (or the servers and networks which are connected to the Mediatrad Services), or to reproduce, duplicate, copy, sell, trade or resell the Mediatrad Services for any purpose.
3. 3.
   License from Medialab

   1. 3.1.
      Medialab gives you a personal, worldwide, non-assignable and non-exclusive license to use the Mediatrad Services provided to you by Medialab.
   2. 3.2.
      You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Mediatrad or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Medialab, in writing.
   3. 3.3.
      Unless Medialab has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Mediatrad, grant a security interest in or over your rights to use the Mediatrad, or otherwise transfer any part of your rights to use the Mediatrad.
4. 4.
   Registration

   1. 4.1.
      Registration of users can be made on the Mediatrad website. After the correct registration, a user account is created with login (usually an e-mail address) and password. A user can access their account by entering their login and password on the Mediatrad website.
   2. 4.2.
      To be able to test Mediatrad functionalities, it is possible to create a test account (only an e-mail address is required). A test account is valid to end of the year 2012. A test account may be used free of charge for non-commercial purposes and allows handling of up to 15 pages. A test account can be transformed into a regular account by buying additional pages.
   3. 4.3.
      You are not allowed to use accounts of other users and you are not allowed to give access to your account to third parties.
   4. 4.4.
      An account can be deleted in any time at the user’s request. An account can be also deleted by the administrator if Site terms and conditions are breached, any portion of the Site is defacing (“hacking”) or there is a violation of any applicable law.
5. 5.
   Prices

   1. 5.1.
      Prices and availability of services displayed on the Site are subject to change at any time without notice.
   2. 5.2.
      Fees for using Mediatrad depend on the number of document pages. Users can buy a different number of document pages to process with Mediatrad. Users will also be responsible for paying any applicable taxes relating to their purchases.
   3. 5.3.
      Pages remain valid on the user account during 180 days and give the right to use the Mediatrad account for this period, called subscription period. All user data (such as: files and dictionaries and translations) are kept during the subscription period. The subscription period can be extended by buying new pages.
   4. 5.4.
      A document pages fee gives the right to process a certain number of documents up to a chosen limit of pages. To process a document, a user has to buy at least a corresponding number of pages (master pages are not counted unless their number is greater than the number of regular pages of the document). The user only pays once for pages of every document and has the right to make an unlimited number of changes and exports of the translated file.
   5. 5.5.
      If the user has no valid pages on his account (pages were used or expired), the user account is kept for 3 months. During this period the account can be reactivated by buying new pages. After 3 months without reactivation the user account is cancelled and all user information is lost.
   6. 5.6.
      You agree for electronic remittance of invoices containing the information required under applicable law or regulations and any additional details for invoicing purposes.
6. 6.
   Other terms

   1. 6.1.
      Upgrades. Medialab has the right to upgrade the current version of Mediatrad, without causing any lost of documents or translated data.
   2. 6.2.
      Fonts. Mediatrad handles fonts available with InDesign CS5.5. Fonts can be also attached with the uploaded document (packages). Fonts not supplied with document and not available with CS5.5 InDesign Server will be substituted, to enable the correct display of Western and Eastern Europe languages. Warning: the font substitution can cause layout modification in the document.
   3. 6.3.
      Dictionaries. Mediatrad does not include any dictionary. The user can upload their own dictionaries in csv or tmx format. All uploaded dictionaries and translations entered during the work with Mediatrad (Translation Memory) are the property of user/company who entered them and all necessary rights are granted to Medialab to store, display and process them for the purpose of Mediatrad application. All entered translations can be reused in future work on current document (next pages) or other documents.
   4. 6.4.
      Important: A translated document is NOT READY TO PRINT. After translation every document need to be slightly retouched by a DTP specialist. The target preview is supplied only for indicative purposes and should not be considered as a final printed version of the document. Texts in different languages usually have different length. In general, source documents are in English which is very consistent and almost all translations will be longer than the original. It is therefore normal, that the target preview will not be 100% correct. Usually text frames are too small to contain the new text and it can lead to overlapping texts, cut or missing text, or to some displacements in the page layout. That is why translators are kindly requested to concentrate their efforts on the translation text and not to attach too much importance to the preview, which is generated after saving each page.
7. 7.
   Disclaimer and Limitation of Liability

   1. 7.1.
      This web site and the information, contents, graphics, documents and other elements included herein (collectively the "contents") are provided on an "as is" basis with all faults and without any warranty of any kind. Medialab hereby disclaims all warranties and conditions with regard to the web site contents, including without limitation, all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. Except as may be expressly stated on this web site, neither Medialab nor any of its Directors, employees or other authorized representatives shall be liable for any damages arising out of or in connection with the use or performance of this site, or the information or contents available from this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss third parties. The contents of this site could include technical inaccuracies or typographical errors. Changes are periodically added to the contents of this site. Medialab may make improvements, deletions, changes or other modifications to this site, the contents hereof, and the products and software described herein at any time without notice.
8. 8.
   Contact

   1. 8.1.
      If you have other questions about these Terms and Conditions of Use, please contact us by email at mediatrad@medialab.pl or by regular mail at Medialab s.c., Tuwima 20, 90-002 Lodz, Poland.
9. 9.
   Governing Law

   1. 9.1.
      Any dispute arising out of or in connection with these Terms and Conditions of Use shall be governed by the laws of Poland.