1. User Information
You certify to Babylon Software Ltd (''Babylon'' or ''We'') that you are not a minor, i.e. that you are at least eighteen (18) years of age; provided, however, that a minor's parent or legal guardian may authorize a minor to use his/her password under supervision of the parent or guardian.
2. Appropriateness of Information
The information or data provided by and through the Service may include objectionable or inappropriate material. By entering the Website or using the Service you undertake full responsibility for determining whether the information complies with your needs or sensitivities.
3. Availability
Babylon does not warrant that the Service will be available 24-hours per day, 7-days per week. We do not warrant that the Service will be provided properly or completely. If your access to the Service is suspended or interrupted or a fault or defect occurs which prevents your access to the Service, Babylon will attempt to restore access to the Service (to the extent determined solely by Babylon in its discretion). Babylon will have no liability to you for the unavailability of the Service. In addition, Babylon reserves the right, in its sole discretion, at any time and without prior notice, to refuse Service access to any individual, company, network, institution or other entity in violation of these Terms of Use, or to cease providing the Service in whole or in part.
4. Proprietary Rights to Information and Data
The information and data provided by or through the Service are protected by international copyright laws of Babylon, its third party providers, or any other User that posts information on the Website. The User acknowledges that such information and data may contain other proprietary information and material, and the User will respect all such proprietary rights and take such precautions as may be reasonably necessary to protect private, confidential and other proprietary information and material from unauthorized use.
5. Trademarks.
Babylon's logos and product and service names are trademarks or service marks of Babylon (collectively, ''Marks'') or any of its affiliates. The User agrees not to display or use, in any manner, any of Babylon's Marks or copyrighted material without Babylon's prior written consent. Third party trademarks, service marks, logos and trade names appearing on any of the websites which are part of the Service are the property of their respective owners.
6. Prohibited Uses
You expressly agree not to use the Service in a manner that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation. You acknowledge that prohibited conduct includes, but is not limited to, use of the Service to invade the privacy of third parties, transmitting or uploading abusive, profane, libelous, slanderous, threatening or otherwise harassing material via the Service, transmitting or uploading any viruses, worms, ''Trojan Horses'' or other similar materials onto the Service or the Website, or reproducing, sending or distributing to or through the Service any material protected by copyright, privacy or other proprietary right without first obtaining the written permission of the owner thereof. You expressly agree not to damage, alter or modify the Service or any content thereof.
7. General Copying Restrictions
YOU MAY:
a. Use the Product as licensed as follows: RETAIL use: by a single workstation only (one license per one workstation); CORPORATE use: according to the number of workstations paid for to Babylon. The Product is delivered in a manner to provide for the use by a single workstation. This does not include use on a computer network. Working with Babylon on a network requires a separate license (Babylon Server License). You may not use the Product for more than one workstation unless you paid to Babylon the appropriate license fee; in the event there is more than one single workstation using the Product, then you must pay a license fee for each additional workstation. In the event that you have any questions regarding the number of users permitted you should immediately contact Babylon.
b. Copy the Product for backup purposes as appropriate.
c. Transfer the Product and entire license permanently to another person if that person agrees to accept all of the terms and conditions of this Agreement. If you transfer the Product you must at the same time either transfer all copies of the Product to the same person, or destroy any copies not transferred.
d. Terminate this license by destroying the original and all copies of the Product in whatever form.
8. Monitoring of the Service
Babylon may, in its discretion, monitor the Service and the use thereof by the User to determine compliance with these Terms of Use and to avoid, to the extent practicable, fraudulent, unlawful or abusive use of the Service, subject at all times to the disclaimers described in Section 10 below. Babylon may also intercept and disclose any content, record, use, data or information, to the extent necessary to protect Babylon's rights and fulfill its obligations (to the extent applicable), including without limitation, for mechanical or service quality control or to comply with any law, regulation, or governmental request, all as determined by Babylon and as permitted by applicable law. Babylon may also, in its discretion, review, edit, refuse to post or remove any material or information submitted or transmitted to the Service. Notwithstanding the foregoing, Babylon makes no commitment or promise, and is under no obligation under these Terms of Use, to monitor, review, screen, edit or otherwise control any information or material contributed by any third party.
9. Third Party Vendors
The User may order or use services or merchandise through the Service from third parties not affiliated with Babylon (''Third Party Vendors''). All matters concerning such services and merchandise desired from Third Party Vendors, including but not limited to purchase terms, payment terms, warranties, guarantees, license terms, maintenance and delivery, are solely between the Third Party Vendors and the User. Babylon makes no warranties or representations whatsoever with regard to any such services or merchandise provided by Third Party Vendors. The User will not consider Babylon, nor will Babylon be construed, as a party to, or a third party beneficiary of, such transactions, whether or not Babylon may have received revenue or other remuneration in connection with the transaction. Babylon will not be liable to the User for any costs or damages incurred by the User or any other person with respect to or arising out of transactions with Third Party Vendors. Please note that, foreign exchange rates are supplied under license by XE.com Currency Tools.
10. Links
Babylon is not responsible for the content on the Internet or World Wide Web pages that are contained outside the Service. As a convenience to our members, Babylon provides links to many resources. Babylon makes no representations as to the quality, suitability, functionality or legality of any sites to which Babylon may provide links, and the User hereby waives any claim the User may have against Babylon with respect to such sites.
11. DISCLAIMER OF WARRANTIES
MATERIAL, OR MATERIAL WHICH SOME INDIVIDUALS MAY DEEM OBJECTIONABLE OR INAPPROPRIATE. THE INFORMATION AND DATA DELIVERED BY OR RECEIVED FROM USERS ON OR THROUGH THE SERVICE IS NOT REVIEWED, CONTROLLED OR EXAMINED BY BABYLON BEFORE IT APPEARS ON THE WEBSITE. BABYLON DOES NOT ENDORSE, VERIFY OR OTHERWISE CERTIFY THE CONTENTS OF ANY SUCH INFORMATION OR DATA. USERS ARE SOLELY RESPONSIBLE FOR THE CONTENTS OF INFORMATION RECEIVED FROM THE SITE AND MAY BE HELD LEGALLY LIABLE OR ACCOUNTABLE FOR THE USE OR MISUSE THEREOF (INCLUDING, WITHOUT LIMITATION, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS).
12. LIMITATION OF LIABILITY
IN NO EVENT WILL BABYLON BE LIABLE TO ANY USER OF THE SERVICES OR OTHER PARTY AFFECTED BY THE SERVICE FOR ANY DAMAGES INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, LOSS OF PROFITS AND SAVINGS AND THE LIKE), OR ANY OTHER DAMAGES ARISING OUT OF THE UNAVAILABILITY, USE, RELIANCE ON, INABILITY TO UTILIZE OR IMPROPER USE OF THE SERVICE, EVEN IF BABYLON WILL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSIONS OF INCIDENTAL AND CONSEQUENTIAL DAMAGES MAY NOT APPLY TO YOU.
13. Disclosures of Your Information
Babylon does not give, sell, rent, share, or trade any identifiable personal information regarding our Users to any third party, with the exception of third-party contractors and service providers who work with Babylon to provide the Service and who are strictly prohibited from later use of the information to which they may have access. Babylon may share non-personal aggregate or summary information regarding its Users with partners or other third parties. We can - and you authorize us to - disclose personal information to local, state, or federal law enforcement officials when required to do so by public authorities or when we believe in good faith that the law requires such disclosure. Please read Babylon's Privacy Policy, available here, for a detailed description of Babylon's privacy policy.
You acknowledge and agree that Babylon may process information gathered from different Users visiting the Website or using or downloading material from the Service for the purpose of building a profile of User interests and activities. Based on this profile, Babylon may send you advertisements, offers and content, and provide you with the full benefits of the Service.
14. Term & Termination
These Terms of Use are effective upon the User's entering or using the Website or Service and remain in effect unless changed by Babylon. Babylon may, at any time, terminate this Agreement and/or terminate the User's access to any part or all of the Service without any advance notice. Termination of these Terms and Conditions by Babylon will be effective on the day that Babylon gives notice of such termination to the User. Babylon will be entitled to change or discontinue any or all of the Service and/or any pricing (if any) relating to the Service at any time, or to modify these Terms and Conditions at any time.
15. Indemnity
At Babylon's request, the User agrees to defend, indemnify and to hold harmless Babylon, its licensors, officers, directors and employees from any losses, claims and liabilities (including attorney's fees) which may arise from your use of the Service and/or material obtained from or through any Service provided on the Website, or from your breach of these rules. You further agree that Babylon is not responsible, and shall have no liability to you, for any material posted by others, including defamatory, offensive, or illicit material, and that the risk of damage from such material rests entirely with you. Furthermore, Babylon is not responsible for claims arising from the User's use of the Service or the User's breach of this Agreement, including, without limitation, claims of copyright infringement, patent infringement, misappropriation of trade secrets, libel, slander, trade libel, defamation, harassment, invasion of privacy or fraud.
16. Notices
Notices to the User may be made via either email or regular mail. Babylon may also provide notices of changes to the Terms and Conditions or other matters by displaying notices or links to notices generally through the Website.
17. Receipt of Updates and Commercial Material
You agree to receive Babylon's updated dictionaries, encyclopedias, commercial offers, advertisement material and news, and realize that your consent to do so is essential to our consent to grant you the license.
18. General
This Agreement shall be governed by and construed in accordance with the laws of the State of New York, USA, without regard to the principles of conflict of laws. This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter hereof. This Agreement shall not be released, discharged, changed or modified in any manner, except by instruments signed by duly authorized officers or representatives of each of the parties thereto.
19. Other Babylon Software Legal documents
In addition to these Terms of Use, it is important that you read Babylon's Privacy Policy, which is available here