Welcome to TranslatorHIVE.com. TranslatorHIVE.com is a marketplace platform for services performed by its users.
The following terms and conditions (these “Terms of Service”), govern your access to and use of the TranslatorHIVE.com website, including any content, functionality and services offered on or through www.TranslatorHIVE.com (the “Site”).
This Site is offered and available to users who are 13 years of age or older. If you are under 13 you may not use this Site or the TranslatorHIVE.com services. By using this Site, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.
Our Customer Support team is available if you have any questions regarding the Site or Terms of Service. Contacting our Customer Support team can be performed by submitting a request using support form at bottom of this page.
- Jobs are services offered on TranslatorHIVE.com.
- Sellers are users who offer and perform services on TranslatorHIVE.com.
- Buyers are users who purchase services on TranslatorHIVE.com.
- Jobs Page is where the seller can describe their service and the terms, and the buyer can purchase the service and create an order.
- Service Extras are additional services offered on top of the seller’s service for an additional price defined by the seller.
- Custom Offers are exclusive proposals that a seller can create in response to specific requirements of a buyer.
- Custom Orders are requests made by a buyer to receive a Custom Offer from a seller.
- Orders are the formal agreement between a buyer and seller after a purchase was made from the seller job page.
- Order Page is where buyer and sellers communicate with each other in connection with an ordered service.
- Disputes are disagreements experienced during an order between a buyer and seller on TranslatorHIVE.com.
- Revenues is the money sellers earn from orders.
- Available is cleared revenue from completed orders for sellers to withdraw or use to purchase service.
Overview (Main terms, in a nutshell)
- Only registered users may buy and sell on TranslatorHIVE.com. Registration is free.
- Service on TranslatorHIVE.com may be offered at a base starting price of $5. Some TranslatorHIVE services are offered at a base price of more than $5 as determined by the seller.
- Buyers pay TranslatorHIVE.com in advance to create an order.
- Orders are purchased through the Order button found on a seller’s job page or through a Custom Offer.
- For fees and payments please read the purchasing section here.
- Sellers must fulfill their orders, and may not cancel orders on a regular basis or without cause. Cancelling orders will affect sellers’ reputation and status.
- Users may not offer or accept payments using any method other than placing an order through TranslatorHIVE.com
- TranslatorHIVE.com retains the right to use all published delivered works for TranslatorHIVE.com marketing and promotion purposes.
- Sellers create job page on TranslatorHIVE.com to allow buyers to purchase their services.
- To create job page, sellers need to pay $3.00 listing fee each listing for duration of 30 days per listing.
- Sellers may also offer Custom Offers to buyers in addition to their Services.
- Each order you sell and successfully complete, accredits your account with a net revenue of 80% of the purchase amount.
- TranslatorHIVE.com accredits sellers once an order is completed. See our “Orders” section below for a definition of a completed order.
- If an order is cancelled (for any reason), the funds paid will be refunded to the buyer’s Shopping Balance.
- Revenues are only made available for withdrawal from the Revenue page when status is “AVAILABLE”.
- Sellers is encouraged to promote their job page or any TranslatorHIVE.com content via the AdWords, Bing, Facebook, Instagram, and/or any other advertising platform to increase sales.
- Sellers may withdraw their revenues using one of TranslatorHIVE.com’s withdrawal options.
- The seller’s rating is calculated based on the order reviews posted by buyers.
- For security concerns, TranslatorHIVE.com may temporarily disable a seller’s ability to withdraw revenue to prevent fraudulent or illicit activity. This may come as a result of security issues, improper behavior reported by buyers, or associating multiple TranslatorHIVE.com accounts to a single withdrawal provider.
- Sellers are allowed to post a unlimited amount of active job page.
- Services created on TranslatorHIVE.com are User Generated Content.
- Services may be removed by TranslatorHIVE.com for violations to these Terms of Service, which may include (but are not limited to) the following violations and/or materials:
- Illegal or Fraudulent services
- Copyright Infringement, Trademark Infringement, and violation of a third party’s terms of service reported through our Intellectual Property Claims Policy found here
- Adult oriented services, Pornographic, Inappropriate/Obscene
- Intentional copies of Services
- Spam, Nonsense, or Violent Services
- Services misleading to buyers
- Reselling of regulated goods
- Services that extend beyond 7 days of service duration
- Offering guarantee sales and/or followers.
- Services that are removed for violations mentioned above, may result in the suspension of the seller’s account.
- Services that are removed for violations are not eligible to be restored or edited.
- Services may be removed from our Search feature due to poor performance and/or user misconduct.
- Services may include pre-approved website URLs contained within the Service description and requirements box. Services containing websites promoting content, which violates TranslatorHIVE.com’s Terms of Service, will be removed.
- Services are required to have an appropriate Service image related to the service offered. An option to upload four additional Service images are available to all sellers.
- Statements on the job page that undermine or circumvent these Terms of Service is prohibited.
- Eligible Services and sellers may price their Services at a base price beyond $5. Prices on Services can be set freely from $5.00 up to $10,000.00.
- Service Extras are additional services offered on top of the seller’s Service for an additional price defined by the seller.
- Service Extras may be removed for violations of our Terms of Service. For specific terms, please see the Services section above for a list of services that violate our Terms of Service. Services are subject to be removed due to violations found in Service Extras.
- Services offered through Service Extras must be related to the base service and part of the deliverables on the order.
- Service Extras may cover different categories of services that are components to a higher quality delivered service.
- Sellers can also send Custom Offers addressing specific requirements of a buyer.
- Custom Offers are defined by the seller with the exact description of the service, the price and the time expected to deliver the service.
- Custom Offers are sent from the conversation page.
- Services provided through Custom Offers may not violate TranslatorHIVE.com’s Terms of Service.
- To withdraw your revenue, you must have an account with at least one of TranslatorHIVE.com’s withdrawal methods.
- Your TranslatorHIVE.com profile can be associated with only one account from each TranslatorHIVE.com withdrawal methods. A withdrawal provider account can be associated with only one TranslatorHIVE.com profile.
- Revenues are only made available for withdrawal from the Revenue page.
- To withdraw your available revenue, you must click on the designated withdrawal provider to initiate the withdrawal process
- Withdrawals can only be made in the amount available to you.
- Withdrawals are final and cannot be undone. We will not be able to refund or change this process once it has begun.
- Withdraw to your PayPal Account – FREE
- You may NOT offer direct payments to sellers using payment systems outside of the TranslatorHIVE.com Order system.
- TranslatorHIVE.com retains the right to use all publically published delivered works for TranslatorHIVE.com marketing and promotional purposes.
- buyers may request a specific service from the Post a Request feature found from the Shopping dashboard. Services requested on TranslatorHIVE.com must be an allowed service on TranslatorHIVE.com. Please click here for guidelines on approved services.
- Buyers pay TranslatorHIVE.com to create an order from a seller’s Service page or Custom Offer, using the Order Now button.
- In addition buyers can request a Custom Order which addresses specific buyer requirements, and receive a Custom Offer from sellers through the site or through TranslatorHIVE.com Anywhere.
- Services may be purchased using the following payment methods: PayPal.
- If you have funds in your account balance, either from your Shopping or available Revenue balance, it will be automatically applied to your next purchase.
- You may not offer sellers to pay, or make payment using any method other than through the TranslatorHIVE.com site. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support.
- Once payment is confirmed, your order will be created and given a unique TranslatorHIVE.com order number (#INVOICE).
- sellers must deliver completed proof of work using the Deliver Work button (located on the Order page) according to the service that was purchased and advertised on their Service.
- Using the Deliver Work button may not be abused by sellers to circumvent Order guidelines described in this Terms of Service. Using the “Deliver Work” button when an order was not fulfilled may result in a cancellation of that order after review, affect the seller’s rating and result in a warning to seller.
- An order is marked as complete after the order is marked as Finished and then rated by a buyer. An order will be automatically marked as complete if not rated was submitted within 7 days after marked as Delivered.
- We encourage our buyers and sellers to try and settle conflicts amongst themselves. If for any reason this fails or if you encounter non-permitted usage on the Site, users can contact TranslatorHIVE.com’s Customer Support department for assistance.
- When a buyer orders a Service, the seller is notified by email as well as notifications on the site while logged into the account.
- Sellers are required to meet the delivery time they specified when creating their Services. Failing to do so will allow the buyer to cancel the order when an order is marked as late and may harm the seller’s status.
- Sellers must send completed proof of work using the Deliver Completed Work button (located on the Order page) to mark the order as Delivered.
- Users are responsible for scanning all transferred files for viruses and malware. TranslatorHIVE.com will not be held responsible for any damages which might occur due to site usage, use of content or files transferred.
- A seller may cancel an order without the buyer’s consent at any given moment (Force Cancellation). However, this will have a negative effect on the seller’s status.
- Feedback reviews provided by buyers while completing an order are an essential part of TranslatorHIVE.com’s rating system. Reviews demonstrate the buyer’s overall experience with the sellers and their service. buyers are encouraged to communicate to the seller any concerns experienced during their active order in regards to the service provided by the seller.
- Leaving a buyer’s feedback is a basic prerogative of a buyer. Feedback reviews will not be removed unless there are clear violations to our Terms of Service.
- To prevent any misuse of our Feedback system, all feedback reviews must come from legitimate sales executed exclusively through the TranslatorHIVE.com platform from users within our Community. Purchases arranged, determined to artificially enhance seller ratings, or to abuse the TranslatorHIVE.com platform with purchases from additional accounts, will result in a permanent suspension of all related accounts.
- Feedback comments given by buyers are publicly displayed on a seller’s job page. buyers have the option not to include a comment, or rate the service. Cancellation of an order does not remove feedback unless mutually agreed.
- Withholding the delivery of services, files, or information required to complete the service with the intent to gain favorable reviews or additional services is prohibited.
- Responding and posting a review: Once work is delivered, the buyer has three days to respond and post a review. If no response is provided within the response period, the order will be considered finished.
- Sellers may not solicit the removal of feedback reviews from their buyers through mutual cancellations.
Disputes and Cancellations
We encourage our buyers and sellers to try and settle conflicts amongst themselves. If for any reason this fails or if you encounter non-permitted usage on the Site, users can contact TranslatorHIVE.com’s Customer Support department for assistance.
- Order cancellations can be performed on TranslatorHIVE.com, when eligible, by Customer Support or through order page.
- Filing a transaction dispute or reversing a payment through your payment provider or your bank is a violation to these Terms of Service. Doing so may get your account temporarily disabled to investigate possible security violations. Note: once you have filed a dispute with your payment provider, the funds will be ineligible for a refund due to our obligations towards the payment provider.
- In the event that a buyer or seller encounters an issue related to the service provided in an order, you are encouraged to use conversation tool to attempt to resolve the matter.
- TranslatorHIVE.com reserves the right to cancel orders or place funds on hold for any suspected fraudulent transactions made on the Site.
- All transfer and assignment of intellectual property to the buyer shall be subject to full payment for the Service and the delivery may not be used if payment is cancelled for any reason.
- If an order is cancelled (for any reason), the funds paid will be refunded to the buyer’s shopping balance.
- TranslatorHIVE.com encourages buyers and sellers to resolve service disputes mutually from order page.
- Eligibility for requests to TranslatorHIVE.com to cancel an order will be assessed by our Customer Support team based on a number of factors, including violations to our Terms of Service, general misconduct, and improper usage of the TranslatorHIVE.com delivery system. See below for Order specific eligibility.
- Orders are not eligible to be cancelled based on the quality of service delivered by the seller if the service was rendered as described in the Service page. buyers may rate their experience with the seller on the order page, including the overall level of service quality received.
- Buyers must use TranslatorHIVE.com order page to address their concerns and desired resolution related to the service provided by their seller prior to contacting Customer Support. Customer Support will not take any action against Orders where the buyers failed to inform their seller of issues related to the seller’s service and will allow sellers to provide a resolution first. This does not include non-permitted usage of TranslatorHIVE.com.
- Any non-permitted usage of TranslatorHIVE.com encountered during an Order, after being reviewed by our Customer Support team, may result in the order being cancelled. This includes, but not limited to; harassment, unlawful behavior, or other violations to TranslatorHIVE.com’s Terms of Service.
- TranslatorHIVE.com Customer Support will cancel orders based on, but not limited to, the following reasons:
- Active orders (after the buyer submits their requirements and before the seller delivers on TranslatorHIVE.com)
- The seller is late and unresponsive for more than 24 hours while the order is marked as Late.
- Users are abusive towards the other party through threats of low ratings or leveraging order materials (such as logins, personal information) against each other.
- Users supplied or included copyright/trademark infringing materials as part of the buyer requirements or the seller’s delivery.
- The user is no longer an active TranslatorHIVE.com user due to Terms of Service violations or closure of their account.
- Delivered Orders (after the seller clicks Deliver Now and before the order is marked as finished)
- The seller uses the Delivery system to extend the delivery due date to complete the requested service without providing the final delivered service to buyers.
- Note: Multiple reported offenses will result in permanent suspension of your account.
- The seller delivers no proof of work related to the agreed upon order requirements.
- Note: Subjectivity of the materials in question will be reviewed by our Customer Support team.
- The seller requests additional payments, on or off the TranslatorHIVE.com platform, by withholding the final delivery of services directly related to the agreed requirements.
- The seller is withholding the final delivery of services for improved ratings.
- Buyers who abuse the dispute button to gain more services from sellers beyond the agreed requirements.
- Buyers who threaten to leave a damaging review to gain more services from the seller not related to the agreed requirements.
- The seller uses the Delivery system to extend the delivery due date to complete the requested service without providing the final delivered service to buyers.
- Active orders (after the buyer submits their requirements and before the seller delivers on TranslatorHIVE.com)
- TranslatorHIVE.com does not automatically refund payments made for cancelled orders back to your payment provider. Funds from order cancellations are refunded to the buyer’s balance as credit and are available for future purchases on TranslatorHIVE.com. Funds returned to your balance from cancelled orders will not include processing fees paid during credits top-up.
User Conduct and Protection
TranslatorHIVE.com enables people around the world to create, share, sell and purchase service they need at an unbeatable value. Services offered on TranslatorHIVE.com reflect the diversity of an expanding Service economy. Members of the TranslatorHIVE.com community communicate and engage through orders, social media, and on TranslatorHIVE.com’s Community Forums.
TranslatorHIVE.com maintains a friendly, community spirited, and professional environment. Users should keep to that spirit while participating in any activity or extensions of TranslatorHIVE.com. This section relates to the expected conduct users should adhere to while interacting with each other on TranslatorHIVE.com.
To report a violation of our Terms of Service, User Misconduct, or inquiries regarding your account, please contact our Customer Support team.
- To protect our users’ privacy, user identities are kept anonymous. Requesting or providing Email addresses, Skype/IM usernames, telephone numbers or any other personal contact details to communicate outside of TranslatorHIVE.com in order to circumvent or abuse the TranslatorHIVE.com messaging system or TranslatorHIVE.com platform is not permitted.
- Any necessary exchange of personal information required to continue a service may be exchanged within the order page.
- TranslatorHIVE.com does not provide any guarantee of the level of service offered to buyers. You may use the conversation tool provided to you in the order page.
- TranslatorHIVE.com does not provide protection for users who interact outside of the TranslatorHIVE.com platform.
- All information and file exchanges must be performed exclusively on TranslatorHIVE.com’s platform.
- Rude, abusive, improper language, or violent messages sent to users will not be tolerated and may result in an account warning or the suspension/removal of your account.
- The TranslatorHIVE.com marketplace is open to everyone. Discrimination against a community member based on gender, race, age, religious affiliation, sexual preference or otherwise is not acceptable and may result in the suspension/removal of your account.
- Users with the intention to defame competing sellers by ordering from competing services will have their reviews removed or further account status related actions determined by review by our Trust & Safety team.
- Users are to refrain from spamming or soliciting previous buyers or sellers to pursue removing/modifying reviews or cancelling orders that do not align on Order Cancellation or Feedback policies.
- TranslatorHIVE.com reviews cases of payment provider chargebacks and disputes on behalf of sellers. Although results vary per case due to each chargeback reason, we work hard on resolving disputes in the seller’s favor. If the chargeback case allows, TranslatorHIVE.com will return parts or full revenue back to sellers.
- Users may report Services to Customer Support that may be in violation of TranslatorHIVE.com’s Terms of Service based on the reported Service’s replicated similarity to pre-existing services (copycat Services).
- TranslatorHIVE.com will respond to clear and complete notices of alleged copyright or trademark infringement. Our Intellectual Property claims procedures can be reviewed here.
Users may receive a warning to their account for violations of our Terms of Service or any user misconduct reported to our Trust and Safety team. A warning will be sent to the user’s email address and will be displayed for such user on the Site. Warnings do not limit account activity, but can lead to your account losing seller statuses or becoming permanently disabled based on the severity of the violation.
Adult Services & Pornography – TranslatorHIVE.com does not allow any exchange of adult oriented or pornographic materials and services.
Inappropriate Behavior & Language – Communication on TranslatorHIVE.com should be friendly, constructive, and professional. TranslatorHIVE.com condemns bullying, harassment, and hate speech towards others. We allow users a medium for which messages are exchanged between individuals, a system to rate orders, and to engage on larger platforms such as our Community Forum and Social Media pages.
Phishing and Spam – TranslatorHIVE.com takes the matter its members’ security seriously. Any attempts to publish or send malicious content with the intent to compromise another member’s account or computer environment is strictly prohibited. Please respect our members privacy by not contacting them for commercial purposes without their consent.
Privacy & Identity – You may not publish or post other people’s private and confidential information. Any exchange of personal information required for the completion of a service must be provided in the order page. sellers further confirm that whatever information they receive from the buyer, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the buyer. Any users who engage and communicate off of TranslatorHIVE.com will not be protected by our Terms of Service.
Intellectual Property Claims – TranslatorHIVE.com will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s terms of service. Our Intellectual Property claims procedures can be reviewed here.
Fraud / Unlawful Use – You may not use TranslatorHIVE.com for any unlawful purposes or to conduct illegal activities.
Abuse and Spam
Multiple Accounts – To prevent fraud and abuse, users are limited to one active account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the TranslatorHIVE.com community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations to TranslatorHIVE.com’s Terms of Service is cause for permanent suspension of all accounts.
Targeted Abuse – We do not tolerate users who engage in targeted abuse or harassment towards other users on TranslatorHIVE.com. This includes creating new multiple accounts to harass members through our message or ordering system.
Selling Accounts – You may not buy or sell TranslatorHIVE.com accounts.
- TranslatorHIVE.com reserves the right to put any account on hold or permanently disable accounts due to breach of these terms of service or due to any illegal or inappropriate use of the Site or services.
- Violation of TranslatorHIVE.com’s Terms of Service may get your account disabled permanently.
- Users with disabled accounts will not be able to sell or buy on TranslatorHIVE.com.
- Users who have violated our Terms of Service and had their account disabled may contact our Customer Support team for more information surrounding the violation and status of the account.
- Users have the option to enable account Security features to protect their account from any unauthorized usage.
- Users must be able to verify their account ownership through Customer Support by providing materials that prove ownership of that account.
- Sellers will be able to withdraw their revenues from disabled accounts after a safety period of 90 days following full verification of ownership of the account in question, from the day of the last cleared payment received in their account and subject to TranslatorHIVE.com’s approval.
- Disputes should be handled using TranslatorHIVE.com’s dispute resolution tools (‘Resolution Center’ on the order page) or by contacting TranslatorHIVE.com Customer Support.
- TranslatorHIVE.com may make changes to its Terms of Service from time to time. When these changes are made, TranslatorHIVE.com will make a new copy of the terms of service available on this page.
- You understand and agree that if you use TranslatorHIVE.com after the date on which the Terms of Service have changed, TranslatorHIVE.com will treat your use as acceptance of the updated Terms of Service.
User Generated Content (“UGC”) refers to the content added by users as opposed to content created by the Site. All content uploaded to TranslatorHIVE.com by our users (buyers and sellers) is User Generated Content. TranslatorHIVE.com does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled.
Furthermore, TranslatorHIVE.com is not responsible for the content, quality or the level of service provided by the sellers. We provide no warranty with respect to the Services, their delivery, and any communications between buyers and sellers. We encourage users to take advantage of our rating system, our community and common sense in choosing appropriate Services service offers.
By offering a service, the seller undertakes that he/she has sufficient permissions, rights and/or licenses to provide, sell or resell the service is offered on TranslatorHIVE.com. sellers advertising their Service online must comply with laws and terms of service of the advertising platform or relevant website used to advertise. Failing to do so may result in removal of the Service and may lead to the suspension of seller’s account.
For specific terms related to Intellectual Property rights and for reporting claims of copyright infringement (DMCA notices) or trademark infringement – please see our Intellectual Property Claims Policy which forms an integral part of these Terms of Service. Note that it is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
Ownership and limitations: Unless clearly stated otherwise on the seller’s job page/description, when the work is delivered, and subject to payment, the buyer is granted all intellectual property rights, including but not limited to, copyrights for the work delivered from the seller, and the seller waives any and all moral rights therein. The delivered work shall be considered work-for-hire under the Malaysia Copyright Act. In the event the delivered work does not meet the requirements of work-for-hire or when Malaysia Copyright Act does not apply, the seller expressly agrees to assign to buyer the copyright in the delivered work. All transfer and assignment of intellectual property to buyer shall be subject to full payment for the Service and the delivery may not be used if payment is cancelled for any reason.
Sellers further confirm that whatever information they receive from the buyer, which is not public domain, shall be kept confidential and shall not be shared or used for any purpose whatsoever other than for the delivery of the ordered work to the buyer.
Furthermore, users (both buyers and sellers) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to TranslatorHIVE.com, including Service texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by TranslatorHIVE.com for no consideration for marketing and/or other purposes.
Disclaimer of Warranties
YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER TRANSLATORHIVE.COM NOR ANY PERSON ASSOCIATED WITH TRANSLATORHIVE.COM MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
THIS SERVICE MAY CONTAIN TRANSLATIONS POWERED BY GOOGLE. GOOGLE DISCLAIMS ALL WARRANTIES RELATED TO THE TRANSLATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, RELIABILITY, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
The Site has been translated for your convenience using software powered by Google Translate. Reasonable efforts have been made to provide an accurate translation, however, no automated is perfect nor is it intended to replace human translators. Translations are provided as a service to users of the website, and are provided “as is”. No warranty of any kind, either expressed or implied, is made as to the accuracy, reliability, or correctness of any translations made from English into any other language. Some content (such as images, videos, Flash, etc.) may not be accurately translated due to the limitations of the software.
The official text is the English version of the website. Any discrepancies or differences created in the are not binding and have no legal effect for compliance or enforcement purposes. If any questions arise related to the accuracy of the information contained in the translated website, please refer to the English version of the website which is the official version.
Limitation on Liability
IN NO EVENT WILL TRANSLATORHIVE.COM, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.