Terms of Service

Thank you for using Daily Translate. Daily Translate is a service of Daily Translate GmbH.

The terms "us", "we," or "Daily Translate" (as the case may be) refer to Daily Translate GmbH.

These Terms of Service (the "Terms") and our Privacy Policy govern your use of all available iTranslat Services and Apps, including Typeright ("Daily Translate"), so please read them carefully before using Daily Translate.

By usingDaily Translate, you agree to be bound by these Terms. If you don't agree to these Terms, do not use Daily Translate. If you are using Daily Translate on behalf of an organization (such as your employer), you are agreeing to these Terms for that organization, and are indicating that you have the authority to bind that organization to these Terms. In that case, "you" and "your" will refer to that organization.

Your Information and Responsibilities

To use Daily Translate, you may be asked to create an account either via Daily Translate or through your account with a third-party service such as sign in with Apple. In the latter case, your Daily Translate account will be created using the information you provided to that service, such as your name and email address and other personal information that your privacy settings on that service permit us to access.

• You may use Daily Translate only if you are 13 years or older and are not barred from using Daily Translate under applicable law.
• You are responsible for safeguarding the password that you use to access Daily Translate. You are responsible for any activity on your account, whether or not you authorized that activity. You should immediately notify Daily Translate of any unauthorized use of your account.
• By using Daily Translate, you provide us with text, graphics, images and other information ("your content"). You retain full ownership to your content. Daily Translate does not claim any ownership rights to your content. However, you are also solely responsible for your content. You indicate that you own or have the necessary rights to all of your content, and that use of your content does not infringe, misappropriate or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Your User Reviews

If you choose to provide app store reviews or reviews via any social medial channel, or other similar communication or messaging features or services (“User Review”), such information may be made publicly available, including commercially or for any other purpose whatsoever without compensation to you, including the public-facing username as it appears with the review. You shall be solely liable for any User Review you submit or transmit. You hereby grant Daily Translate and its affiliates a worldwide, perpetual, irrevocable, non- exclusive, sub-licensable (through multiple tiers) royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your User Review. In addition, you waive any so-called "moral rights" or "performance rights" in your User Review. If you prefer that we do not use your User Review, you will be able to elect for us not to do so by submitting your request here (please include your name, mailing address, and email address). For security purposes, please do not include any password, social security number, payment card or other sensitive information via these features. We have the right, but not the obligation to monitor messages and communications between and among users for security and training purposes. We may, but are not obligated to, remove any content we deem inappropriate.

Daily Translate Intellectual Property Rights

Daily Translate and its licensors exclusively own Daily Translate, including all associated intellectual property rights. You acknowledge that Daily Translate is protected by copyright, trademark, and other laws of Austria, the United States and other foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights or notices incorporated in or accompanying Daily Translate.

Daily Translate grants you a limited, non-exclusive, non-transferable license to view, copy, and display Daily Translate solely in connection with your permitted use of Daily Translate.

General Prohibitions

You agree to use Daily Translate only for the purposes that are lawful and to comply with applicable laws when using Daily Translate. You shall not use Daily Translate for any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable purpose of any kind, including but not limited to any purpose that encourages conduct that would constitute a criminal offence or gives rise to civil liability.

You agree not to do-or attempt to do-any of the following:

Probe, scan, or test the vulnerability of any Daily Translate system or network or breach any security or authentication measures;

• Access, tamper with, or use non-public areas of Daily Translate, Daily Translate's computer systems, or the technical delivery systems of Daily Translate's providers;
• Decipher, decompile, disassemble or reverse engineer any of the software used to provide Daily Translate;
• Interfere with, or attempt to interfere with, the access of any user, host or network, including sending a virus, overloading, flooding, spamming, or mail-bombing Daily Translate;
• Access or search Daily Translate or download any intellectual property from Daily Translate through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than our publicly supported interfaces;
• Plant malware or use Daily Translate to distribute malware;
• Send any unsolicited communications, promotions, advertisements or spam;
• Send altered, deceptive or false source-identifying information, including "spoofing" or "phishing";
• Post or transmit anything that is fraudulent or misleading, or that infringes on others' rights;
• Impersonate or misrepresent your affiliation with any person or entity;
• Violate the privacy of others;
• Violate any applicable law or regulation;
• Encourage or enable any other individual to do any of the above.
• Although we're not obligated to monitor access to or use of Daily Translate or your content or to review or edit any of your content or the intellectual property of other Daily Translate users, we have the right to do so for the purpose of operating Daily Translate, to ensure compliance with these Terms, or to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any of your content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any of your content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects Daily Translate. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

DMCA/Copyright Policy

We respect copyright law and expect you to do the same. It's our policy to terminate those accounts that repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. If you believe that an Daily Translate product infringes your copyright, please contact Daily Translate’s copyright agent at dianfengdev@yahoo.com.

Termination

We may suspend Daily Translate or terminate your access to and use of Daily Translate, at our sole discretion, at any time and without notice to you. For example, we may suspend or terminate your use if you are not complying with these Terms, or use Daily Translate in any way that would cause us legal liability or disrupt others' use of Daily Translate. If we suspend or terminate your use, we will try to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend immediately. You may cancel your account at any time by sending an email to dianfengdev@yahoo.com.

Warranty Disclaimers

Daily Translate OR OUR LICENSORS' INTELLECTUAL PROPERTY ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT Daily Translate WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY OF OUR INTELLECTUAL PROPERTY.

Indemnity

You will indemnify and hold harmless Daily Translate and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of Daily Translate or our licensors' intellectual property; (ii) your content; or (iii) your violation of these Terms.

Limitation of Liability

NEITHER Daily Translate NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING Daily Translate, INCLUDING OUR LICENSORS, WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE Daily Translate OR OUR LICENSORS' INTELLECTUAL PROPERTY, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Daily Translate HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IN NO EVENT WILL Daily Translate'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE Daily Translate OR TO ACCESS YOUR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO Daily Translate FOR USE OF Daily Translate OR TWENTY DOLLARS ($20), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO Daily Translate, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Daily Translate AND YOU.

Governing Law

These Terms and any action related thereto will be governed by the laws of the Austria without regard to its conflict of laws provisions.

You may not assign or transfer these Terms, by operation of law or otherwise, without Daily Translate's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Daily Translate may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Any notices or other communications provided by Daily Translate under these Terms, including those regarding modifications to these Terms, will be given: (i) by Daily Translate via email; or (ii) by posting to our website. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Daily Translate's failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Daily Translate. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Contact Information

You may contact us with questions, comments, or concerns about our services and these Terms of Service by submitting your requests or inquiries as detailed below:

Our Daily Translate support team can be contacted dianfengdev@yahoo.com.

Typeright users can contact our support team dianfengdev@yahoo.com.

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