These Terms of Service (the "Terms") and our Privacy Policy govern your use of all available Tranzi Caption Services and Apps ("Tranzi Caption"), so please read them carefully before using Tranzi Caption.
By using Tranzi Caption, you agree to be bound by these Terms. If you don't agree to these Terms, do not use Tranzi Caption. If you are using Tranzi Caption 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.
We may revise the Terms from time to time. Changes may be posted within our Apps, so please check that regularly. The most current version will always be posted on our Terms page. By continuing to use Tranzi Caption after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please stop using Tranzi Caption.
Subscription Services: Certain Tranzi Caption Apps on the Apple App Store and Google Play Store will allow you to obtain the benefit of the application on a subscription basis. Payment for such a subscription (which may be for example daily, weekly, monthly, or yearly) may be processed in the application, by third parties who act on our behalf or directly by the mobile platform owner (e.g. Apple or Google). You can cancel a subscription service at any time during the subscription period via the subscription settings in your Apple or Android account. The cancellation will take effect after the last day of the relevant subscription period. You can find further information on canceling orders and any associated refunds on the website of the third-party re-seller from whom you purchased the app (for example, the Apple App Store or the Google Play Store.)
Trial Period: Upon first use of iTourTransaltor, we provide a certain period of free trial time (when using each function during your free trial, you will be shown how much more time you have left of your free trial). After the free trial period, you can purchase in-app goods, including the purchase of universal points and packages. A successful purchase allows continued use of our product. If you choose not to purchase, we will assume that you have relinquished the use of our product.
Service Subscription: For auto-renewing subscriptions completed via the app, you have the option to pay using your credit card. Payment will be charged to the credit card you provide at the time of purchase, which will be processed via a third-party service provider. Your credit card will be charged for the renewal of your subscription within 24 hours before the end of the current period unless auto-renew is turned off at least 24 hours before the end of the current period. You can manage your subscription by going to your Tranzi Caption Account Settings on the app after purchase. Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication, where applicable. This must be done 24 hours before the end of a free trial or subscription period to avoid being charged. The cancellation will take effect immediately and you will be downgraded to the free service. If you wish to continue enjoying the benefits of Tranzi Caption, you must manually purchase, as we do not have automatic renewal functionality
To use iTourTransaltor, you must create an account, either via iTourTransaltor or through your account with a third-party service such as Apple, Gmail, WeChat, or phone number. Your iTourTransaltor 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 iTourTransaltor only if you are 12 years or older and are not barred from using iTourTransaltor under applicable law.
You are responsible for safeguarding the password that you use to access iTourTransaltor. You are responsible for any activity on your account, whether or not you authorized that activity. You should immediately notify iTourTransaltor of any unauthorized use of your account.
By using iTourTransaltor, you provide us with text, graphics, images, and other information ("your content"). You retain full ownership of your content. iTourTransaltor 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.
If you choose to provide app store reviews or reviews via any social media 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 hereby grant Tranzi Caption 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. 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.
Tranzi Caption and its licensors exclusively own Tranzi Caption, including all associated intellectual property rights. You acknowledge that Tranzi Caption is protected by copyright, trademark, and other laws of 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 Tranzi Caption.
Tranzi Caption grants you a limited, non-exclusive, non-transferable license to view, copy, and display Tranzi Caption solely in connection with your permitted use of Tranzi Caption.
You agree not to do or attempt to do any of the following:
Probe, scan, or test the vulnerability of any Tranzi Caption system or network or breach any security or authentication measures;
Access, tamper with, or use non-public areas of Tranzi Caption, Tranzi Caption’s computer systems, or the technical delivery systems of Tranzi Caption’s providers;
Decipher, decompile, disassemble, or reverse engineer any of the software used to provide Tranzi Caption;
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 Tranzi Caption;
Access or search Tranzi Caption or download any intellectual property from Tranzi Caption 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 Tranzi Caption 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 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; or Encourage or enable any other individual to do any of the above.
Although we're not obligated to monitor access to or use of Tranzi Caption or your content or to review or edit any of your content or the intellectual property of other Tranzi Caption users, we have the right to do so for the purpose of operating Tranzi Caption, 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 affect Tranzi Caption. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
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 Tranzi Caption product infringes your copyright, please contact Tranzi Caption’s copyright agent at lx_kj@lianxianit.com
We may suspend Tranzi Caption or terminate your access to and use of Tranzi Caption, 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 Tranzi Caption in any way that would cause us legal liability or disrupt others' use of Tranzi Caption. 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.
ITOURTRANSLATOR 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 ITOURTRANSLATOR 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.
You will indemnify and hold harmless Tranzi Caption 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 Tranzi Caption or our licensors' intellectual property; (ii) your content; or (iii) your violation of these Terms.
NEITHER ITOURTRANSLATOR NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING ITRANSLATE, 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 ITRANSLATE OR OUR LICENSORS' INTELLECTUAL PROPERTY, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ITRANSLATE 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 ITOURTRANSLATOR’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE ITOURTRANSLATOR OR TO ACCESS YOUR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO ITOURTRANSLATOR FOR USE OF ITOURTRANSLATOR OR TWENTY DOLLARS ($20), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO ITOURTRANSLATOR, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ITOURTRANSLATOR AND YOU.
These Terms and any action related thereto will be governed by the laws of the United States without regard to its conflict of laws provisions. The place of fulfillment is Bellevue, Washington. You also have the possibility to enforce Your rights before the competent courts of general jurisdiction.
These Terms constitute the entire and exclusive understanding and agreement between Tranzi Caption and you regarding Tranzi Caption, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Tranzi Caption and you regarding Tranzi Caption, except that if you become a party to Tranzi Caption’s Business Agreement, either before or after reviewing these Terms, the terms and conditions of the Business Agreement will govern over any conflicting provisions herein. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without Tranzi Caption’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Tranzi Caption 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 Tranzi Caption under these Terms, including those regarding modifications to these Terms, will be given: (i) by Tranzi Caption 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.
Tranzi Caption’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 Tranzi Caption. Except as expressly outlined 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.
If you have any questions about these Terms, please contact us at:
iTourTranslator Inc.
1811 168th PL SE
Mill Creek, WA, 98012
United States
itourtranslation@gmail.com