GlobalMaxer Terms of Service
Oban Multilingual provides GlobalMaxer and its related services (”Service”) subject to your compliance with the terms and conditions (”Terms of Service”) set forth below. Please read the following carefully.
Violation of any part of the Terms of Service will result in termination of your account
Definitions
As used in this Terms of Service
“Terms of Service” means these online terms of uses and any materials available on the GlobalMaxer website specifically incorporated by reference herein, as such materials, including the terms of this Terms of Service, may be updated by Oban Multilingual & GlobalMaxer from time to time in its sole discretion;
“Content” means the audio and visual information, documents, software, products and services contained or made available to you in the course of using the Service;
“Customer Data” means any data, information or material provided or submitted by you to the Service in the course of using the Service;
“Effective Date” means the date you begin using the Service;
“Initial Term” means the initial period during which you are obligated to pay for the Service equal to the billing frequency selected by you during the subscription process (e.g., if the billing frequency is quarterly, the Initial Term is the first quarter);
“Intellectual Property Rights” means unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world;
“License Term(s)” means the period(s) during which a specified number of Users are licensed to use the Service pursuant to the Order Form(s);
“Oban Multilingual” means collectively Oban Multilingual Strategy Ltd a company registered in England and Oban Multilingual Technology” means all of Oban Multilingual’s proprietary technology (including software, hardware, products, processes, algorithms, user interfaces, know-how, techniques, designs and other tangible or intangible technical material or information) made available to you by Oban Multilingual in providing the Service;
“Service(s)” means the specific edition of Oban Multilingual’s online services identified during the ordering process, developed, operated, and maintained by Oban Multilingual, accessible via http://www.obanmultilingual.com or another designated web site or IP address, or ancillary online or offline products and services provided to you by Oban Multilingual, to which you are being granted access under this Terms of Service;
“User(s)” means your employees, representatives, consultants, contractors or agents who are authorized to use the Service and have been supplied user identifications and passwords by you (or by Oban Multilingual at your request)
License Grant & Restrictions
Oban Multilingual hereby grants you a non-exclusive, non-transferable, worldwide right to use the Service, solely for your own internal business purposes, subject to the terms and conditions of this Terms of Service. All rights not expressly granted to you are reserved by Oban Multilingual and its licensors.
You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Content in any way; (ii) modify or make derivative works based upon the Service or the Content; (iii) create Internet “links” to the Service or “frame” or “mirror” any Content on any other server or wireless or Internet-based device; or (iv) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service. User licenses cannot be shared or used by more than one individual User but may be reassigned from time to time to new Users who are replacing former Users who have terminated employment or otherwise changed job status or function and no longer use the Service.
You may use the Service only for your internal business purposes and shall not: (i) use this service in conjunction with spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (v) attempt to gain unauthorized access to the Service or its related systems or networks.
Intellectual Property Ownership
Oban Multilingual alone (and its licensors, where applicable) shall own all right, title and interest, including all related Intellectual Property Rights, in and to the GlobalMaxer Technology, the Content and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. This Terms of Service is not a sale and does not convey to you any rights of ownership in or related to the Service, the Globalmxer Technology or the Intellectual Property Rights owned by Oban Multilingual. The GlobalMaxer name, the GlobalMaxer logo, and the product names associated with the Service are trademarks of Oban Multilingual or third parties, and no right or license is granted to use them.
Pricing, billing and payment
Oban Multilingual Strategy Ltd and GlobalMaxer reserves the right to make pricing change without notice. Existing customers will be given at least 30 days notice prior to any pricing changes taking effect. Already advance paid for in full subscription services will not be affected by pricing changes until the expiry of such subscription period.
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Payments may be made annually or quarterly, consistent with the Initial Term, or as otherwise mutually agreed upon. All payment obligations are non cancellable and all amounts paid are non-refundable. You are responsible for paying for all User licenses ordered for the entire License Term, whether or not such User licenses are actively used.
GlobalMaxer is a subscription service. Subscriptions will automatically renew and bill your credit card or issue an invoice to you for the same term as your initial licence. The renewal charge will be the same with the charges in effect during the prior term, unless Oban Multilingual and Globamaxer has given you at least 30 days prior written notice of a fee increase, which shall be effective upon renewal and thereafter.
Changes and Modifications
Oban Multilingual Strategy Ltd and GlobalMaxer reserves the right to make technical, interface and service changes without notice. Recourse available to you in cases of any modifications is to cancel the relevant service. Continued use of the site and/or service following changes and modifications will constitute your binding acceptance.
Oban Multilingual and GlobalMaxer reserves the right to modify the terms and conditions of this Terms of Service or its policies relating to the Service at any time, effective upon posting of an updated version of this Terms of Service on the Service. You are responsible for regularly reviewing this Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes
Service Levels
We will use our best endeavours to make our GlobalMaxer available at all times, but cannot guarantee it will operate without interruptions or be error free. We can not accept liability for any cases of its unavailability. In cases where service is unavailable for more than 30% of the time in any one calender month, the subscription prices will be waived for that particular month.
Notices
Notices shall be in the form an email or an announcement post on the GlobalMaxer.com website.
By opening a Oban Multilingual Strategy Ltd account you agree to receive emails from Oban Multilingual Strategy Ltd related to the GlobalMaxer service and other Oban Multilingual Strategy Ltd services. You have the ability to unsubscribe at anytime.
Disclaimer
Your use of the Service, including any content, information or functionality contained within it, is provided “as is” and “as available” with no representations or warranties of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You assume total responsibility and risk for your use of this Service.
Termination
Oban Multilingual reserves the right to modify, suspend, or terminate your account at any time for any reason without notice or refund. We also reserve the right to delete all Content associated with your account. Oban Multilingual may refuse service to anyone for any reason at any time.
Limitation of Liability
Oban Multilingual, its affiliates and its sponsors are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages arising out of or relating in any way to your use of the Service. Your sole remedy for dissatisfaction with the Service is to stop using the Service.
Force Majeure
Neither party shall be liable for the failure to perform any of its obligations under this Terms of Service, except for payment obligations, if such failure is caused by the occurrence of any event beyond the reasonable control of such party, including without limitation, fire, flood, strikes and other industrial disturbances, failure of raw materials suppliers, failure of transport, accidents, riots, insurrections, acts of God or orders of governmental agencies.
Jurisdiction
This Terms of Service shall be construed in accordance with the Laws of England and shall be subject to the exclusive jurisdiction of the English Courts.
Severability
If a court of law or other tribunal of competent jurisdiction finds any provision of this Terms of Service invalid, illegal or unenforceable, the remaining portions of this Terms of Service shall remain in full force and effect and construed so as to best effectuate the original intent and purpose of this Terms of Service as expressed herein.
Inconsistent terms
The parties agree that the terms and conditions of this Terms of Service shall prevail over any contrary or additional terms in any purchase order (unless agreed to in writing by both parties), sales acknowledgment, confirmation or any other document issued by either party.
Non-poaching of Staff
The Licensee covenants with the Licensor that it shall not either during the term of this Terms of Service or within a period of 6 months thereafter directly or indirectly entice away or endeavour to entice away from the Licensor any person who has during the previous 12 months been employed by Licensor to perform this Terms of Service.
Joint Venture
Nothing in this Terms of Service shall be construed to create a joint venture, agency or partnership between the parties.
Assignment
Neither party may assign their rights under this Terms of Service without the prior consent in writing of the other party. Breach of this restriction in any way by a party shall entitle the other to terminate this Terms of Service.