This User Agreement explains the terms under which you are allowed to use the Sworny.com website. This Agreement is effective January 1, 2015.
Your use of the Site after the effective date will signify that you have read, understand, accept, agreed to be bound and are bound by this Agreement for yourself and on behalf of any Member for whom you use the Site, and you represent that you have the authority to do so.
To the extent permitted by applicable law, we may modify this Agreement with prospective effect without prior notice to you, and any revisions to this Agreement will take effect when posted on the Site unless a later date is otherwise stated.
The Site is a venue where both visitors and registered members can use our marketplace and our platform for online translation work. Among other things translation clients and translators screen and select each other, negotiate Job terms, and enter into Work Contracts between each other.
Client and Translator will each (1) create and maintain records to document satisfaction of their respective obligations under this Agreement and any Work Contract, including, without limitation, their respective payment obligations and compliance with tax and employment laws, and (2) provide copies of such records to Sworny.com upon request.
Sworny.com is not a party to the dealings between Client and Translator, including posts, proposals, screening selection contracting, performance of Translator Services and payment for a Job.
Sworny.com does not introduce Translators to Clients or help Translators find Jobs. Sworny.com merely makes its Site Services available to enable Translators to identify and determine the suitability of Clients for themselves and to enable Clients to identify and determine the suitability of Translators for themselves. Sworny.com does not direct, has no control over, makes no representations, and does not guarantee the quality, safety or legality of Translator Services, the truth or accuracy of Job listings, the qualifications, background, or identities of Members, the ability of Translators to deliver Translator Services, the ability of Clients to pay for Translator Services, or that a Client or Translator can or will actually complete a transaction.
Sworny.com is not required to and may not verify any information given to us by Translators or Clients, nor does Sworny.com perform background checks on Translators or Clients.
Client and Translator will each (1) create and maintain records to document satisfaction of their respective obligations under this Agreement and any Work Contract, including, without limitation, their respective payment obligations and compliance with tax and employment laws, and (2) provide copies of such records to Sworny.com upon request.
When a Client pays a Translator or funds related to a Job are otherwise released to a Translator Sworny.com deducts a Service Fee that Sworny.com earns and Translator agrees to pay Sworny.com creating, hosting, maintaining, and providing the Site Services.
You agree not to circumvent the Payment Methods offered by the Site. By way of illustration and not in limitation of the foregoing, you must not:
Submit proposals or solicit parties identified through the Site to contact, hire, manage or pay outside the Site.
Accept proposals or solicit parties identified through the Site to contact, deliver services, invoice, or receive payment outside the Site.
Invoice or report on the Site or in an Opt-Out request an invoice or payment amount lower than that actually agreed between Client and Translator.
You agree to notify Sworny.com immediately if another person improperly contacts you or suggests making or receiving payments outside of the Site.
Subject to and conditioned on compliance with this Agreement, Sworny.com grants you a limited license to access and to use the Site for the purpose of ordering and receiving the Site Services available and authorized from the Site.
You must not access or use the Site or Site Services for any reasons that are in competition with Sworny.com. You must not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any content of the Site in any way for any public or commercial purpose without prior written consent of Sworny.com or the rights holder.
You must not use any content of the Site on any other website or in a networked computer environment for any purpose except your own viewing.
You must not frame or link to the Site except as permitted in writing by Sworny.com. You must not attempt to reverse engineer or attempt to interfere with the operation of any part of the Site unless expressly permitted by applicable law.
The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose that is not expressly permitted by Sworny.com.
You further represent and warrant that by posting such User Content you will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights, rights of publicity and privacy rights.
To the extent your User Content may be copyrightable, you represent, warrant and covenant that you are the owner of all the copyright rights to such User Content and that Sworny.com may exercise the rights to your User Content granted under this Agreement without any liability or obligation for any payment.
You retain all your ownership rights to any User Content (Intellectual Property) you post on Sworny.com.
Sworny.com will only use or disclose User Content you post to our site to the extent necessary to provide Site Services to you.
The Site contains a database of Translators. The database is populated with information from third-party sources, from Translators themselves, and from other Members. Sworny.com provides this database as a convenience and does not confirm or verify the information contained in it.
You are solely responsible for creation, storage, and backup of your business records. This Agreement and any registration for or subsequent use of the Site will not be construed as creating any responsibility on Sworny.com’s part to store, backup, retain, or grant access to any information or data for any period.
YOU AGREE NOT TO RELY ON THE SITE, THE SITE SERVICES, OR ANY INFORMATION ON THE SITE, OR THE CONTINUATION OF THE SITE. THE SITE AND THE SITE SERVICES ARE PROVIDED “AS IS,” AS AVAILABLE, AND WITHOUT ANY WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE). WE DISCLAIM ALL AND MAKE NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY THIRD-PARTY, THE TRANSLATOR SERVICES, OR THE ACCURACY OF THE POSTINGS MADE ON THE SITE BY ANY THIRD-PARTY.
SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL THE FOREGOING LIMITATIONS ON IMPLIED WARRANTIES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN THE EVENT OF A DISPUTE BETWEEN YOU ANDSWORNY.COM AND/OR AN AFFILIATE, NEITHER YOU NOR SWORNY.COM, OUR AFFILIATES, OUR LICENSORS OR OUR THIRD-PARTY SERVICE PROVIDERS WILL BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF LIABILITY IS FOUND, THE LIABILITY OF SWORNY.COM, OUR AFFILIATES, OUR LICENSORS, OR OUR THIRD-PARTY SERVICE PROVIDERS TO ANY USER FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF: (A) $2,500; OR (B) ANY FEES RETAINED BY SWORNY.COM WITH RESPECT TO MEMBER CONTRACTS OF WHICH USER WAS A PARTY AS A CLIENT OR TRANSLATOR DURING THE TWELVE-MONTH PERIOD PRECEDING THE DATE OF THE CLAIM. THESE LIMITATIONS SHALL APPLY TO ANY LIABILITY ARISING FROM ANY CAUSE OF ACTION WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH COSTS OR DAMAGES AND EVEN IF THE LIMITED REMEDIES PROVIDED HEREIN FAIL THEIR ESSENTIAL PURPOSE.
SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL THE FOREGOING EXCLUSIONS AND LIMITATIONS OF INCIDENTAL AND CONSEQUENTIAL DAMAGES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
In addition to the recognition that Sworny.com is not a party to any contract between Client and Translator, you hereby release Sworny.com, our Affiliates, and our respective officers, directors, employees, attorneys, agents, subsidiaries, joint ventures, and our and their respective successors and assigns from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have with another Member or Visitor, whether it be at law or in equity.
You agree to defend, hold harmless and indemnify Sworny.com, our Affiliates, and our respective officers, directors, employees, attorneys, agents, joint ventures, and our and their respective successors and assigns (each such party an “Indemnified Party”) from and against any and all losses, costs, expenses, damages or other liabilities (including reasonable attorneys’ fees and costs) incurred by an Indemnified Party arising from or related to any cause of action, claim, suit, proceeding, demand or action brought by a third-party against an Indemnified Party in connection with your use of the Site Services.
This Agreement will become effective upon your first visit to the Site and will remain in effect for the duration of your use of the Site.
IF SWORNY.COM SUSPENDS OR TERMINATES YOUR ACCOUNT OR JOB, SWORNY.COM HAS THE RIGHT BUT NOT THE OBLIGATION TO (1) NOTIFY OTHER MEMBERS ENGAGED IN ACTIVE JOBS WITH YOU TO INFORM THEM OF YOUR SUSPENDED OR TERMINATED ACCOUNT OR JOB STATUS, AND (2) PROVIDE THEM WITH SUMMARY REASONS FOR YOUR ACCOUNT SUSPENSION OR TERMINATION.
You agree that this Agreement will be governed by the Federal Arbitration Act and the internal substantive laws of Kielce, Poland REGARDLESS OF YOUR COUNTRY OR STATE OF ORIGIN OR WHERE YOU ACCESS THE SITE, and regardless of any principle of law that may provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods is hereby expressly excluded and will not govern any term or condition of this Agreement.
Sworny.com will not be considered to have modified or waived any of our rights or remedies under this Agreement unless the modification or waiver is in writing and signed by an authorized representative of Sworny.com. No delay or omission by Sworny.com in exercising our rights or remedies will impair our rights or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy.
You will not transfer, assign or delegate your rights or obligations (including your Account) under this Agreement to anyone without the prior express written consent of Sworny.com, and any attempt to do so will be null and void.