TERMS & CONDITIONS

By accessing or using Babel (the “Website”), you agree to be bound by these Terms and all applicable laws and regulations. If you do not agree with any part of these Terms, you must not use our Website.

2.1 Commitment to Accessibility: Babel is committed to making its website accessible to all users, including those with disabilities. If you encounter any accessibility barriers on the website, please contact us at info@thebabelcompany.com for assistance.

3.1 User Content: The Website allows users to submit content, including text, images, and other media (“User Content”).
Any User Content you submit, upload, share, or otherwise provide to us remains yours and is protected by copyright and any other applicable intellectual property laws. 

3.2 Responsibility: When you submit User Content to our Website, you acknowledge and agree that you are solely responsible for the content you provide. While Babel may choose to post or publish submitted content on our Website, you retain full responsibility for any consequences that may arise from such content being made public. By providing User Content, you represent and warrant that:

1. Ownership & Rights: You are the creator or owner of the User Content, or you have obtained all necessary rights and authority to submit the User Content and grant us the rights to use it as described in these terms.
   
   
2. Compliance with Laws: Your User Content does not and will not:
   
   • Infringe or Violate: Infringe, violate, or misappropriate any third-party (including Babel’s) rights, including but not limited to copyrights, trademarks, patents, trade secrets, moral rights, privacy rights, rights of publicity, or any other intellectual property or proprietary rights. Don’t copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any content not owned by you unless you have prior consent from the owner of that content. 
     
     
   • Defame or Harm: Harm, threaten, abuse, harass, or defame any real person or entity. Your User Content must not include anything that is illegal, offensive, abusive, or hateful towards real people or entities. “Real people/entities” refers to actual, living individuals or existing legal entities (such as companies, organizations, and institutions) in the real world, as opposed to fictional characters or fictional organizations.
     
     
   • Contain Malicious Code: Contain any viruses, adware, spyware, worms, or other harmful or malicious code that could damage, interfere with, or disrupt our Website or the services we provide.
     
     
3. Consequences of Publication: You understand and accept that Babel may decide to post or publish your User Content on our Website, and you bear full responsibility for any consequences resulting from such publication, including potential legal or reputational impacts.
   
   
4. Indemnification: You agree to indemnify, defend, and hold harmless Babel from any claims, liabilities, damages, or expenses arising from your User Content or any breach of these representations and warranties.

4.1 User Rights: Users retain ownership of all rights to their submitted work to the extent that they already owned those rights prior to submission. Submitting User Content to Babel does not transfer any ownership over the User Content to Babel. Users must ensure that they possess all necessary rights and permissions to submit the User Content to Babel and that their submission does not infringe on any third-party rights.

4.2 Grant of Rights: By submitting User Content, you grant Babel a non-exclusive, royalty-free, worldwide license to use, reproduce, distribute, modify, display, and perform the User Content in connection with the Website’s operations, including for promoting the Website through various channels (e.g., social media). This license is granted under the condition that Babel provides appropriate credit to you, the original creator, in a manner that is reasonable and customary based on the nature of the use. Specifically:

1. Use: When displaying your User Content on the Website or social media, Babel will include a visible attribution such as your name, username, or a link to your profile or original content.
   
   
2. Modification: Babel may modify the layout or format of the User Content as necessary to fit different media, platforms, or design requirements. Additionally:
   
   
   • Error Corrections: Babel is allowed to correct errors in grammar or spelling without altering the substance or meaning of the User Content.
     
     
   • No Substantive Changes: Except for error corrections, Babel is not permitted to modify the substance, meaning, or content of the User Content without your prior written approval.
     
     
   • Format Adjustments: Modifications are limited to adjustments in presentation, such as resizing, reformatting, adapting the layout for various displays, or converting the content to different media formats as necessary.
     
     
3. Distribution and Promotion: Babel may distribute and promote the User Content, including on social media and other channels, while ensuring that the original content remains unaltered except for necessary layout or format changes and grammar or spelling corrections. Attribution will be provided as specified in section 4.2.1.
   
   
4. Inspiration for New Works: Babel may use elements of the User Content as inspiration for creating new works but will not copy the story’s original elements or make substantive changes to the User Content without your written approval.
   

The license is ongoing unless you request removal of your User Content as outlined in section 4.3.

4.3 Removal and Re-Submission: You can request Babel to remove or archive your submitted User Content at any time by contacting info@thebabelcompany.com. Upon receiving your request, Babel may request reasonable proof of ownership or authorization from you before proceeding with the removal or archiving of the content. Once proof of ownership or authorization is verified, Babel will promptly remove or archive the User Content within 30 days. Once the removal has been processed, the license granted to Babel under section 4.2 will terminate. By submitting a removal request, you acknowledge and agree that actions already taken by Babel in reliance on the license granted under section 4.2 (e.g., displaying on the website or social media) are considered valid and will not be reversed or contested by you, either during or after the removal process.

If you want Babel to repost the User Content in the future, you will need to complete the full submission process again.

5.1 Compliance with Copyright Laws: Users of the Website are required to respect copyright laws and the intellectual property rights of others. You may only submit, upload, post, or share content on the Website that you have created yourself or for which you have obtained all necessary permissions and licenses.

5.2 Third-Party Links: Babel may provide links to third-party websites or services for the convenience of users. Babel does not endorse or control the content or practices of third-party sites and is not responsible for any damages or losses incurred as a result of accessing third-party sites.

5.3 No Infringement: You must not upload, post, or share any content on the Website that infringes upon the copyrights or intellectual property rights of others. This includes, but is not limited to, unauthorized copying, distribution, or public display of copyrighted works.

5.4 Copyright Complaints: Babel respects the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement on the Website, please contact us with the following information:

• A description of the copyrighted work that you claim has been infringed;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Babel to locate the material;
• Your contact information, including your name, address, telephone number, and email address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

5.5 Prompt Action: Upon receipt of a valid copyright infringement notification, Babel will promptly remove or disable access to the allegedly infringing content.

5.6 Repeat Infringers: Babel reserves the right to terminate the accounts of users who are found to be repeat infringers of copyright.

Section 6 (Idea Submission) applies to ideas, suggestions, feedback, and/or proposals (the “Ideas”) submitted through Babel’s contact form, email addresses, or similar methods used to provide feedback and suggestions.

6.1 Submission of Ideas: By submitting Ideas to Babel or its operators, you acknowledge and agree that except as provided in Section 6.6, Babel shall be entitled to use or disclose such Ideas for any purpose in any way without providing compensation or credit to you.

6.2 No Obligation to Use: Babel shall have no obligation to review, consider, or implement any Ideas provided by users.

6.3 No Confidentiality: You understand and acknowledge that any Ideas you provide to Babel are not confidential and may be used or disclosed by Babel without any obligation to maintain their confidentiality, except as otherwise agreed in writing with Babel in connection with a specific collaboration project.

6.4 Ownership of Ideas: Babel does not claim ownership of any ideas, suggestions, or proposals submitted by users. However, by submitting an Idea, you grant Babel a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, distribute, and display the Idea in any medium, now known or later developed, for any purpose, except as otherwise agreed in writing with Babel in connection with a specific collaboration project.

6.5 No Liability for Ideas: Babel shall not be liable for any use or disclosure of Ideas, and you hereby waive any claims against Babel in connection with the use or disclosure of Ideas, except for claims arising from a written agreement with Babel regarding a specific collaboration project.

6.6 Collaboration Exceptions:  The foregoing provisions of this Section 6 (Idea Submission) are subject to any separate written agreement you may enter into with Babel regarding a specific collaboration project. Such a written agreement may address ownership of ideas, compensation, confidentiality, and other matters related to your collaboration with Babel.

Babel offers paid services, which may include priority treatment for your submissions, or paid feedback. As part of these services, Babel may provide feedback to users in a digital written format. Users acknowledge and agree that the usefulness of feedback is subjective and may vary based on individual perceptions and experiences. Babel makes no guarantee regarding the satisfaction or usefulness of feedback provided, emphasizing that it is provided as general guidance and should not be considered professional advice. Babel does not have an obligation to redo or revise feedback based on subjective opinions regarding its usefulness; however, Babel is committed to addressing concerns and may consider reasonable requests for clarification or additional explanation. Priority treatment for submissions does not imply automatic approval of the submitted work. Users are encouraged to communicate any concerns about the provided services or feedback, and Babel will endeavor to address them in a timely and respectful manner.

Babel employs reasonable security measures to protect User Content against unauthorized copying and distribution. These measures include encryption, access controls, and monitoring. However, Babel does not guarantee that unauthorized copying, use, or distribution of User Content by third parties will not occur. To the fullest extent permitted by applicable law, you agree that Babel shall not be liable for any unauthorized copying, use, or distribution of User Content by third parties.

By using the Website, you release and forever waive any claims against Babel for any unauthorized copying or usage of User Content by third parties, under any legal theory.

9.1 Account Creation: Certain features or services may require users to create an account. Users agree to provide accurate and complete information when creating an account and to update their information as necessary.

9.2 Account Security: Users are responsible for maintaining the confidentiality of their account credentials and for all activities that occur under their account. Users agree to notify Babel immediately of any unauthorized use of their account or any other breach of security.

The Website is provided on an “as is” and “as available” basis. Babel makes no warranties, expressed or implied, regarding the Website’s operation or the content and materials included on the Website. This disclaimer does not affect your statutory rights as a consumer under Dutch law or any other applicable laws.

In no event shall Babel or its contributors be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with the use or inability to use the Website or any content provided on the Website, even if Babel has been advised of the possibility of such damages. In any event, the total liability of Babel to you for all damages, losses, and causes of action arising out of or relating to these Terms or your use of the Website shall not exceed the amount paid by you, if any, for accessing the Website.

You agree to indemnify and hold harmless Babel and its contributors from any claims, liabilities, damages, losses, or expenses, including legal fees, arising out of or in any way connected with your User Content or your use of the Website.

Your use of the Website is also governed by our Privacy Policy, which outlines how we collect, use, and protect your personal information. Please review our Privacy Policy carefully.

You agree not to violate any law, contract, intellectual property, or other third-party right; not to commit a tort, and that you are solely responsible for your conduct while on the Website.

You agree that you will comply with these Terms and Conditions and Babel’s Community Guidelines and WILL NOT:

• Violate any laws or regulations;
• Submit, upload, or provide any User Content that is inaccurate, unlawful, infringing, defamatory, obscene, pornographic, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, or otherwise objectionable;
• Infringe upon the rights of others;
• Violate the privacy rights of others;
• Harass, threaten, or intimidate others;
• Impersonate any person or entity;
• Use or attempt to use another user’s account without authorization from that user and Babel;
• Contain spam or solicitation;
• Send junk mail or spam to users of the Website;
• Harvest or collect email addresses or other contact information of other users from the Website;
• Upload or transmit any content that contains malware, viruses, or any other harmful or disruptive code;
• Interfere with the operation of the Website or the rights of other users.

Users can report violations of these Terms and Conditions or inappropriate conduct by other users by contacting info@thebabelcompany.com or through our report form, enabling prompt action to be taken.

By using the Website, you acknowledge and agree that your use of the services is at your own risk. Babel is not liable for any statements or representations included in User Content. Babel does not endorse any User Content, opinion, recommendation, or advice expressed therein, and, to the extent permitted by applicable law, Babel expressly disclaims any and all liability in connection with User Content.

15.1 Right to Modify: Babel reserves the right to change these Terms at any time. Any changes will be effective when posted on the Website.

15.2 Notification of Changes: Babel will provide notice of any material changes to these Terms by posting the updated Terms on the Website and updating the “Effective Date” at the top of the Terms. For significant changes, Babel may also notify users via email or other means of communication.

15.3 User Acceptance: By continuing to use the Website after any changes to the Terms have been posted, you agree to the updated Terms. If you do not agree with the new Terms, you must stop using the Website.

15.4 Review of Terms: Users are encouraged to review the Terms periodically to stay informed about any changes. Babel will make previous versions of the Terms available for review on the Website, allowing users to see the history of changes.

The Website is controlled and operated from the Netherlands. Babel makes no representation that the Website or its content is appropriate or available for use in other locations. If you access the Website from other locations, you do so at your own risk and are responsible for compliance with local laws.

In the event of any disputes arising from or relating to these Terms or the use of the Website, we encourage both parties to first attempt to resolve the matter through open communication and negotiation. If a resolution cannot be reached informally, either party may choose to pursue other legal avenues available to them, beginning with mediation or arbitration.

Babel reserves the right to terminate or suspend your access to the Website, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Website will immediately cease, and you must cease all use of the Website. Users may terminate their account by contacting Babel directly or using any account termination functionality provided on the Website. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. Additionally, Babel may remove or archive any User Content associated with your account upon termination, at its sole discretion.

For any questions or concerns regarding these Terms, please contact us at info@thebabelcompany.com