Terms of Service
The following terms and conditions govern your access to and use of BabelgumTM Content Services (defined below), including access to and use of this website (the "Site"), the digital media contents (the "Contents") available on BabelgumTM Content Services and any software necessary to access BabelgumTM Content Services for the use of the Contents (the "Software"). BabelgumTM Content Services are provided by Babel Networks Ltd. ("Babel"), which is the owner of the BabelgumTM trademarks as well as of the Software and of the other tools underlying BabelgumTM Content Services. By continuing to use the Site, the Software or any other component of the BabelgumTM Content Services, you or any other third party represented by you ("You") accept the following terms and conditions and the Privacy Policy. If You accept on behalf of a third party you represent and warrant to have full legal authority to bind such third party to these terms and conditions.
Please note that the quality level of BabelgumTM Content Services depends on features, speed and availability of bandwidth of your Internet access and/or features and speed of your computer and computer processor. Therefore, the quality level of BabelgumTM Content Services may be adversely affected by any failure of your equipment. We may cache parcels of the Contents on your computer and upload such parcels from your computer to other users of BabelgumTM Content Services with the purpose of allowing for easier access to the Contents and distributing them cost-effectively.
Please note that the quality level of BabelgumTM Content Services depends on features, speed and availability of bandwidth of your Internet access and/or features and speed of your computer and computer processor. Therefore, the quality level of BabelgumTM Content Services may be adversely affected by any failure of your equipment. We may cache parcels of the Contents on your computer and upload such parcels from your computer to other users of BabelgumTM Content Services with the purpose of allowing for easier access to the Contents and distributing them cost-effectively.
1. Description of BabelgumTM Content Services
BabelgumTM Content Services are comprised of the all the services which provided on or through the Site and the Software, including the use, whether free or upon payment, over the Internet of digital media contents, which are protected by copyright and/or any other intellectual property rights and any other rights related there to.
2. User Legal Capacity. Representations Regarding Use by Minors
You hereby expressly represent and warrant to Babel that You are legally entitled and authorized to enter into these terms and conditions. If you are under legal age, you may use BabelgumTM Content Services only under the supervision of a person with legal capacity (e.g. parents, tutor or legal guardian).
3. Representations and Warranties by User
You hereby represent and warrant that You will not infringe the copyrights or any related rights as to BabelgumTM Content or as to the Software nor any privacy of third parties and that You will not violate any applicable law, statute, or regulation.
You represent and warrant that all of the information provided by You to Babel is correct.
You shall not in any manner plagiarize, modify or reproduce the Contents nor attempt to duplicate, distribute, communicate, sell or loan them. For this purpose, BabelgumTM Content Services contain technical measures in order to grant You the authorized use and access to the Content through the adoption of Digital Rights Management systems.
In the event the reproduction of BabelgumTM Content is authorized, this reproduction shall be made within the limits set forth by Babel. This reproduction shall be made in compliance with any rights, including copyrights and any other industrial or intellectual property rights relating to BabelgumTM Content.
You shall indemnify and hold harmless Babel of and from any and all charges, claims, damages, costs, judgments, decrees, losses, expenses (including reasonable attorneys' fees), penalties, demands, liabilities and causes of action, whether or not groundless, of any kind or nature whatsoever, by reason of, based upon, relating to, or arising out of a breach or claim of breach or failure of any of the covenants, agreements or representations or warranties under these terms and conditions.
You represent and warrant that all of the information provided by You to Babel is correct.
You shall not in any manner plagiarize, modify or reproduce the Contents nor attempt to duplicate, distribute, communicate, sell or loan them. For this purpose, BabelgumTM Content Services contain technical measures in order to grant You the authorized use and access to the Content through the adoption of Digital Rights Management systems.
In the event the reproduction of BabelgumTM Content is authorized, this reproduction shall be made within the limits set forth by Babel. This reproduction shall be made in compliance with any rights, including copyrights and any other industrial or intellectual property rights relating to BabelgumTM Content.
You shall indemnify and hold harmless Babel of and from any and all charges, claims, damages, costs, judgments, decrees, losses, expenses (including reasonable attorneys' fees), penalties, demands, liabilities and causes of action, whether or not groundless, of any kind or nature whatsoever, by reason of, based upon, relating to, or arising out of a breach or claim of breach or failure of any of the covenants, agreements or representations or warranties under these terms and conditions.
4. Accessibility to BabelgumTM
BabelgumTM Content Services may be subject to certain restrictions, including without limitation restrictions as to time, manner and territory of use.
Your ability to access to BabelgumTM Content Services does not necessarily entitle You to use such Contents. Use of any image, audio, or video file contrary to a restriction is prohibited. If You do not understand or are unsure as to any restriction, You may contact Babel prior to the download or use of any Contents.
Your ability to access to BabelgumTM Content Services does not necessarily entitle You to use such Contents. Use of any image, audio, or video file contrary to a restriction is prohibited. If You do not understand or are unsure as to any restriction, You may contact Babel prior to the download or use of any Contents.
5. User Feedback
You assign Babel all rights to copy, modify, distribute, license and create derivative works of any comments, opinions or feedback you provide to Babel. In addition, You warrant that any comments, opinions or feedback You provide is not subject to licensing from any third party.
6. Advertising and promotions
Access to a selection of BabelgumTM Content may be granted to You free of charge, through the insertion of advertising banners and other promotions in the Contents. Therefore, by proceeding with registration to BabelgumTM Content Services, You consent to the insertion of advertising, banners and other commercials into the Contents as well as to the use of data relating to Your use of BabelgumTM Content Services in order to allow for targeted advertising, within the limits of privacy conditions and rules as provided under the Privacy Policy.
7. License of Software
You are entitled to a gratuitous and non-exclusive license to use the Software for the sole purpose of your enjoyment of BabelgumTM Content Services. You may not assign, sublicense or otherwise transfer to any third party the right to use the Software. You may not modify, amend, adapt, translate, decompile or reverse engineer, attempt to break security of, or alter in any other way, the Software or any part thereof, also by knowingly transmitting any materials that contain ad-ware, mal-ware, spy-ware, software viruses, or any other computer code, files or programs designed to interrupt, destroy or disrupt its functionality. You shall immediately notify Babel of any known unauthorized use of the Software.
8. Babel's Disclaimer, Indenification and Limitation of Liability.
BabelgumTM Content Services are provided on an "As Is" basis without warranties of any kind, either express or implied, including without limitation warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. Babel does not warrant that any information is complete or accurate or that BabelgumTM Content Services will be uninterrupted or error free, or that any information is free of bugs, viruses or any other malicious programming or applications that may be contained in any of the information or software contained on BabelgumTM Content Services.
Babel has no obligation to detect the presence of any bugs, viruses or any other malicious programming or applications. Any downloading of software or other materials or any other use of BabelgumTM Content Services is at Your risk. You are advised to take adequate precautions to minimize any loss to Your system caused by viruses or any other malicious programming or applications, including the use of anti-virus programs and the proper backup of files.
BabelgumTM Content Servicesmay provide links to other web sites that may be of interest to You, but are not under the control of Babel and are not endorsed by Babel in any way. Babel is not responsible for the contents or use of any linked web site.
Babel may suspend without notice the supply of BabelgumTM Content Services in order to perform the maintenance thereof. As a consequence, Babel will not be liable for any such unavailability of BabelgumTM Content Services.
Under no circumstance, including negligence, shall Babel be liable for any direct, indirect, incidental, special, punitive, or consequential damages that may result from the use or inability to use BabelgumTM Content Services, including and not limited to the use of or reliance on information available on BabelgumTM Content Services, interruptions, errors, defects, mistakes, omissions, deletions of files, delays in operation or transmission, non-delivery of information, disclosure of communications, or any other performance failure.
You understand that when using BabelgumTM Content Services, you will be exposed to Contents from a variety of third party content providers, and that Babel does not endorse any opinion, recommendation, or advice expressed in such Contents and is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Contents. You further understand and acknowledge that you may be exposed to Contents that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Babel with respect thereto, and agree to indemnify and hold Babel, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the BabelgumTM Content Services.
Babel has no obligation to detect the presence of any bugs, viruses or any other malicious programming or applications. Any downloading of software or other materials or any other use of BabelgumTM Content Services is at Your risk. You are advised to take adequate precautions to minimize any loss to Your system caused by viruses or any other malicious programming or applications, including the use of anti-virus programs and the proper backup of files.
BabelgumTM Content Servicesmay provide links to other web sites that may be of interest to You, but are not under the control of Babel and are not endorsed by Babel in any way. Babel is not responsible for the contents or use of any linked web site.
Babel may suspend without notice the supply of BabelgumTM Content Services in order to perform the maintenance thereof. As a consequence, Babel will not be liable for any such unavailability of BabelgumTM Content Services.
Under no circumstance, including negligence, shall Babel be liable for any direct, indirect, incidental, special, punitive, or consequential damages that may result from the use or inability to use BabelgumTM Content Services, including and not limited to the use of or reliance on information available on BabelgumTM Content Services, interruptions, errors, defects, mistakes, omissions, deletions of files, delays in operation or transmission, non-delivery of information, disclosure of communications, or any other performance failure.
You understand that when using BabelgumTM Content Services, you will be exposed to Contents from a variety of third party content providers, and that Babel does not endorse any opinion, recommendation, or advice expressed in such Contents and is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Contents. You further understand and acknowledge that you may be exposed to Contents that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Babel with respect thereto, and agree to indemnify and hold Babel, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the BabelgumTM Content Services.
9. Disclaimer on intellectual property. Requests for removal of Contents
Babel is engaged in preventing possible abuses or infringements of copyrights and other intellectual property rights according to applicable rules and regulations currently in force. In this respect, You should be aware that, under certain circumstances, Babel may remove any Content from BabelgumTM Content Services, upon a request by a third party alleging infringement of its copyrights and other intellectual property rights. Babel will assess any such claim and, in the event that substantial evidence of infringement is provided by notice of the third party, will proceed with the removal of any Content from BabelgumTM Content Services.
For this purpose, any communication regarding the use of the Contents on BabelgumTM Content Services should be addressed in English to:
Babel Networks Ltd.
Attn: Customer Relations - BabelgumTM Content Services complaints
24-26 City Quay
Dublin 2
Ireland
For this purpose, any communication regarding the use of the Contents on BabelgumTM Content Services should be addressed in English to:
Babel Networks Ltd.
Attn: Customer Relations - BabelgumTM Content Services complaints
24-26 City Quay
Dublin 2
Ireland
10. Notices
Any communication regarding BabelgumTM Content Services should be addressed in English to:
Babel Networks Ltd.
Attn: Customer Relations
24-26 City Quay
Dublin 2
Ireland
Babel Networks Ltd.
Attn: Customer Relations
24-26 City Quay
Dublin 2
Ireland
11. Force Majeure
Babel shall not be liable for failure to perform its obligations hereunder by reason of any act of God, civil war or strife, hostilities (whether war be declared or not), act of foreign enemies, invasion, war, rebellion, strikes, lockouts or other industrial disputes or actions, facilities breakdowns or any other cause beyond Babel's control.
12. Confidentiality
You shall keep secret and protect with the utmost care any password, user-id and/or Pin Code granted to You upon registration with BabelgumTM Content Services in order to prevent use of the BabelgumTM Content Services by unauthorized third parties. Therefore, You will be responsible for any use of BabelgumTM Content Services or of Your password an/or user-id and/or Pin Code by unauthorized third parties as well as for any damage caused to Babel or to third parties by Your violation of the above provision.
13. Termination
Babel may terminate BabelgumTM Content Services as well as any licenses granted to You without notice if You fail to comply with Sections 2, 3, 4, 6, 8 and 12 of these Terms and Conditions. In such case, You agree to immediately (i) stop using BabelgumTM Content Services and the Software, (ii) delete all images, audio and video files downloaded through BabelgumTM Content Services, and (iii) delete all copies of the BabelgumTM Content and of the Software.
14. Modifications
These terms and conditions may be modified by Babel on occasion. Notice of such modifications will be posted on the Site and/or sent to your email. If You continue using BabelgumTM Content Services following notification of the new terms and conditions, You will be deemed to have accepted and You will be bound to the new terms and conditions.
15. Applicable Law and Jurisdiction
These terms and conditions shall be governed by and construed in accordance with Irish law.
Any dispute arising out of or relating to these terms and conditions shall be exclusively submitted before the Courts of Ireland.
Any dispute arising out of or relating to these terms and conditions shall be exclusively submitted before the Courts of Ireland.
