Terms

Welcome to the Marco Polo project

The mission of the Marco Polo project is to bring across Chinese writing to international audiences and promote dialogue and understanding between Chinese speakers and speakers of Western languages through collaborative translation. The Marco Polo project is a collaborative social platform.

We recognize that Social Networking is premised on issues of trust, reputation, identity, and privacy. As such, it is our goal in crafting these ground rules or Terms of Service (the “Terms”) to reinforce marcopoloproject.org as a trusted steward of your content and data (to say, the products of your labor which reflect who you are and what opinions you choose to share).

The Marco Polo project is a project founded on the values of collaboration and open source approaches to content and code development. As much as the Terms reflect what our lawyers say we must say, we hope they also reflect our commitment to carry these values through to the formal agreement with our Users. If you care about these issues too, please help us implement smart approaches to code, data, and content portability and licensing.

General

The Marco Polo project provides Users with the ability to: translate and share media sources; create, translate, and share comments. Collectively these are referred to as “the Services.” The services so defined in the Terms include any services performed by accessing the Marco Polo project located at http://www.marcopoloproject.org.

The Terms describes the Marco Polo project’s offerings to you, the User, and describes your obligations to us, the Marco Polo project, and is an agreement between you, the User, and us, the Marco Polo project, the service provider (the “Agreement”).

In order to use our services you must accept the Terms and the Marco Polo project’s Privacy Policy. Moreover, by using our site or services you are implicitly agreeing to be bound by Terms.

We reserve the right to modify the Terms at any time, without prior notice, by making changes to this page. You are responsible for regularly reviewing these terms. Your continued use of the site after such changes serves as an acknowledgment and acceptance of the amended Terms.

Your Marco Polo project Account

You must be at least 16 (sixteen) years of age or older to register for an account on the Marco Polo project. Use of the website as either a registered or unregistered User is void where prohibited.

In consideration of your use of the site, you agree to:

Provide accurate, current and complete information about you as may be prompted by any registration forms on the site (“Registration Data”).
Maintain the security and confidentiality of your password and identification.
Maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete.
Be fully responsible for all use of your account and for any actions that take place using your account.
Accept that your account is not transferrable.
Notify the Marco Polo project immediately if you suspect unauthorized use of your Marco Polo project account.

The Marco Polo project will not be responsible for any losses arising out of the unauthorized use of your member name, password and/or account, and you agree to indemnify and hold harmless the Marco Polo project, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for any improper, unauthorized or illegal uses of your account.

The Marco Polo project reserves the right to terminate your Account or restrict access to your Account, or to delete any content posted through your Account, with or without notice, for any or for no reason, and without any liability to you.

User Conduct

The Marco Polo project is designed to enable cross-language cross-cultural dialogue and knowledge sharing. We request that Users help us pursue this goal when taking part on marcopoloproject.org and use the site accordingly. We are particularly aware that the varying political, social, and cultural sensitivities of our Users demand we take an active approach to ensuring everyone can enjoy marcopoloproject.org as a respectful, inclusive online environment.

By using the site and agreeing to the Terms, you agree that you will not:

Post content or initiate communications which are unlawful, libelous, abusive, urging violence, promoting intolerance, discriminatory, or otherwise objectionable.
Use marcopoloproject.org for any illegal purpose.
Upload, post, email, transmit or otherwise make available any content or initiate any communication that infringes upon patents, trademarks, copyrights, trade secrets, other proprietary rights, or that contains any content or information that you do not have the right to disclose or make available.
Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation.
Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
Attempt to pursue communications with someone who has indicated to you either explicitly or implicitly that they do not want to communicate with you.
Post, transmit, promote, or distribute content that is illegal.
Harass, threaten, embarrass, or do anything else to another User that is unwanted. We expect you to be respectful to other Users and never challenge another User on the basis of their race, heritage, religion, gender, sexual orientation, age, beliefs, etc.
Game the structure of marcopoloproject,org in such a way to intentionally confuse, limit, inconvenience or otherwise negatively affect other Users

Some of these breaches of conduct may constitute violations of civil or criminal codes and, as such, could subject you to civil or criminal prosecution.

User Disputes

You are solely responsible for your interactions with other Users. We reserve the right to monitor disputes between you and other Users.

International Use

Recognizing the global nature of the Marco Polo project specifically and the Internet generally, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. The Marco Polo project will not be liable for keeping you, the User, apprised of changes in these laws. Nor will the Marco Polo project itself be liable for any illegal activities you engage in while using the system.

Translation

By using marcpoloproject and accepting the terms of this Agreement you are accepting that the Marco Polo project translation server may serve translated content that is contextually inaccurate, partially inaccurate, or wholly inaccurate. You agree to indemnify and hold harmless the Marco Polo project, its partners, parents, subsidiaries, Users, agents, affiliates and/or licensors, as applicable, for any claims, losses, damages, liability, or consequences related to any translation output on marcopoloproject.org or from the Marco Polo project services.

The Marco Polo project is aware that the aim to make the work of writers, journalists and bloggers available to speakers of other languages enters challenging territory in the rapidly changing environment of global cross-language communication. Copyright and licensing laws are struggling to keep pace with the emergent practices of the read/write web, where sharing, mixing and collaboration define a new relationship between content and the consumer. We recognize that a new global consensus around open rights to automated translation of content is needed before the Marco Polo project vision of an interdependent cross-language web can be founded. However until then, if any writer, publisher or content producer believes the Marco Polo project has infringed its copyrights by translating its content from locations outside marcopoloproject.org to forward cross-language dialogue, they should contact us at [email protected] so that we can remove the content from our site.

The Marco Polo project has the right to translate all content that is created on marcopoloproject.org. Any registered User can also correct the translations of this content. The Marco Polo project does not make any representations to the quality or accurracy of the translations. We will not enable a User to contribute to a translation without attribution on marcopoloproject.org. Should you have a concern with the quality of a translation on the Marco Polo project you can always message to the attributed translator(s) of that content.

Third Party Links

marcopoloproject.org serves as an aggregation point for content from other websites. We cannot warrant and do not take responsibility for the text, photos, videos, graphics, audio, software, or any other data or content originating from or belonging to these sites. Linking to Third Party sites does not express or imply approval or endorsement of these sites or the content contained therein. You agree that the Marco Polo project bears no responsibility or liability for any content accessed or harm caused from any third-party website. The Marco Polo project Terms of Service are not in effect should you link from marcopoloproject.org to a Third Party site. We encourage you to review the terms and polices of any site you link to from marcopoloproject.org.

Content rights and licenses

Creative Commons

All content on marcopoloproject.org, except where otherwise noted, is licensed under a Creative Commons Attribution Non-Commercial Share-Alike 3.0 Unported License. Others can download, redistribute, translate, remix, tweak, and build upon your contributions non-commercially, as long as they credit you and license their new creations under identical terms. All new work based on yours will carry the same license, so any derivatives will also be non-commercial in nature. This license covers all linguistic data generated on the marcopoloproject.org site.

Creative Commons Licence. Some rights reserved.
the Marco Polo project

The Marco Polo project does not claim ownership of Content you submit or make available for inclusion on the Marco Polo project Services. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Marco Polo project Services, you grant the Marco Polo project a non-exclusive, royalty-free, perpetual, and worldwide license to use your content in connection with the operation of the Services, including, without limitation, the license rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, reformat, and/or to incorporate it into a collective work.

User Representations and Warranties

By posting any content, you represent and warrant that you have all right, title, and interest to such posted content, including but not limited to any consent, authorization, release, clearance or license from any third party (such as, but not limited to, any release related to rights of privacy or publicity) necessary for you to provide, post, upload, input or submit the content, and that posting such content does not violate or constitute the infringement of any patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights, or other intellectual property right recognized by any applicable jurisdiction of any person or entity, or otherwise constitute the breach of any agreement with any other person or entity. You further represent and warrant that you are who you say you are, that you have not submitted fictitious, false or inaccurate information about yourself, and that all information contained in the posted content is true and your own work or work you are authorized to submit, and that the posted content does not contain any threatening, harassing, libelous, false, defamatory, offensive, obscene, or pornographic, material, or other material that would violate any other applicable law or regulation. You agree that you will not knowingly and with intent to defraud provide material and misleading information. You represent and warrant that the content you supply does not violate the Terms.

Copyright Complaints

If you are a copyright owner and you believe that your copyrighted materials have been used in a way that constitutes copyright infringement, please contact us and we will promptly remove the material from our website.

WARRANTIES, DISCLAIMERS AND INDEMNIFICATION?

YOUR USE OF THE Marco Polo project SITE IS AT YOUR OWN RISK. WE ASSUME NO RESPONSIBILITY AND/OR LIABILITY FOR: THE CONTENT OF ANY MATERIAL OR COMMUNICATION CREATED BY YOU, ANY THIRD PARTY OR RECEIVED BY YOU FROM A SOURCE OUTSIDE THE OUR SITE (EVEN IF YOU HAVE LINKED TO THAT SITE FROM Marco Polo project); ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, LIABILITY AND/OR COSTS, INCLUDING ATTORNEYS FEES, CAUSED BY THE WAY YOU USE THE Marco Polo project MATERIALS OR TECHNOLOGY, INCLUDING BUT NOT LIMITED TO CLAIMS OF SLANDER, LIBEL, INFRINGEMENT, AND/OR PLAGIARISM; ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, LIABILITY AND/OR COSTS, INCLUDING ATTORNEYS FEES, ARISING FROM Marco Polo project SERVICE INTERRUPTIONS, INTERNET SERVICE INTERRUPTIONS OR CHANGES, EVEN IF THESE DISRUPTIONS ARISE FROM CIRCUMSTANCES UNDER OUR CONTROL; ANY OTHER DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE DAMAGES OF ANY KIND, INCLUDING ATTORNEYS FEES, ARISING FROM YOUR PARTICIPATION; PRIVACY IN CONNECTION WITH YOUR USE OF marcopoloproject.org AND/OR OTHER INTERNET ACTIVITIES (EXCEPT IN THE CASE OF ANY WILLFUL OR GROSSLY NEGLIGENT BREACH OF THE PRIVACY POLICY BY Marco Polo project).

EVERYTHING ON THE Marco Polo project SITE IS PROVIDED TO YOU “AS IS”, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

If you do something that, according to the terms of the Privacy Policy and Other Agreements, warrants your termination from the service or expulsion from the Marco Polo project site, you accept full responsibility for anything that happens following your expulsion, including indemnifying and holding the Marco Polo project harmless from any and all claims by others arising from your conduct and/or use of the Marco Polo project site, and/or the materials and services provided.

Service uptime

The Marco Polo project disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Services or any software provided through the Services. The Marco Polo project reserves the right to modify, suspend, or discontinue the Services or access to the Services without any notice at any time and without any liability to you.

No Waiver of Terms

Failure of the Marco Polo project to exercise or enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision in that or any other instance.

Governing Law

These Terms are governed by the laws of the State of Victoria, without regard to the rules of conflict of law that may cause the laws of another jurisdiction to apply. You agree to the sole and exclusive jurisdiction and venue of the federal or state courts of the State of Victoria in the event of any dispute of any kind arising from or relating to the Site, or your use or review of it. The Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.

Contact

If you are interested in discussing this agreement or have any thoughts on your mind, please contact us at [email protected]

These Terms are licensed under Creative Commons Licence. Some rights reserved, with attribution and thanks to the Citizens Media and Law Project at the Berkman Center (http://www.citmedialaw.org/)

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