Tistalents’ Terms of Service

Welcome to tistalents.com.

The following phrases of service (these “Terms of Service”) govern your entry to and use of www.tistalents.com and the Tistalents cell software (collectively, the “Site”), in addition to any content material, performance, and companies made obtainable on or by way of these platforms by Tamfitronics Ltd. (Plot 104 Zone 2, Finima, Bonny, Rivers) and its associates, as relevant. “We” or “us” refers to Tistalents Ltd. and its subsidiaries collectively, whereas “you” or “user” refers to you as a consumer of the Site.

Before you start utilizing the Site, please take the time to completely learn the Terms of Service. You settle for and comply with be certain and abide by these Terms of Service and the Tistalents Payment Terms, which might be discovered right here (“Payment Terms”) and are integrated herein by reference by utilizing the Site, creating an account, or clicking to just accept or comply with the Terms of Service when this selection is made obtainable to you. You additional agree that you’ve got learn and comprehended our privateness assertion, which is situated right here. You should not entry or use the Site if you don’t want to just accept these Terms of Service or the Privacy Policy.For extra detailed insurance policies surrounding the exercise and utilization on the Site, please entry the designated articles herein.

This Site is obtainable and obtainable to customers who’re at the least 18 years of age and of authorized age to type a binding contract. If you might be underneath 18 and at the least 13 years of age, you might be solely permitted to make use of the Site by way of an account owned by a mother or father or authorized guardian with their acceptable permission. If you might be underneath 13 you aren’t permitted to make use of the Site or the Tistalents companies. By utilizing the Site, you signify and warrant that you just meet all of the foregoing eligibility necessities. If you don’t meet all of these necessities, you need to not entry or use the Site

Our Customer Support staff is on the market 24/7 when you’ve got any questions concerning the Site or Terms of Service. Contacting our Customer Support staff might be carried out by submitting a request here.

The authentic language of these Terms of Service, in addition to all different texts all through the Site, is English. Tistalents makes this translation obtainable for comfort solely. In case of conflicts between the unique English model and any translation, the English model shall prevail.

Key Terms

Buyers are customers who buy companies on Tistalents.

Business Account is a collaborative Buyer account, created by way of Tistalents Business, as detailed on Tistalents Business Terms of Service (obtainable here).

Business Account Team Member or Team Member is any consumer that’s invited or makes use of a Business Account.

Custom Offers are unique proposals {that a} Seller can create in response to particular necessities of a Buyer.

Custom Orders are requests made by a Buyer to obtain a Custom Offer from a Seller.

Services® Extras are extra companies supplied on prime of the Seller’s Services for an extra value outlined by the Seller.

Services® Packages enable Sellers to supply companies in several codecs and costs. Packages can embrace upgrades, which lets Sellers value their service for a basic value of over $5.​

Services® Page is the place the Seller can describe their Services and the Services’ phrases, and the Buyer should buy the Services and create an order.

Services® / Services® are companies supplied on Tistalents.

Logo Design is an authentic design for a emblem uploaded by a Seller by way of the Tistalents Logo Maker.

Logo Maker is the automated emblem design device supplied by Tistalents to customers as additional defined in these Terms of Service.

Order Page is the place Buyers and Sellers talk with one another in reference to an ordered Services.

Orders are the formal agreements between a Buyer and Seller after a purchase order was constructed from the Seller’s Services Page.

Sellers are customers who supply and carry out companies by way of Services or by way of the Logo Maker on Tistalents.

Overview (Main phrases, in a nutshell)

• Only registered customers could purchase and promote on Tistalents. Registration is free. In registering for an account, you agree to offer us with correct, full, and up to date data and should not create an account for fraudulent or deceptive functions. You are solely chargeable for any exercise in your account and for sustaining the confidentiality and safety of your password. We should not accountable for any acts or omissions by you in connection together with your account.
• Services on Tistalents could also be supplied at a base beginning value of $5. Some Services are supplied at a base value of greater than $5 as decided by the Seller.
• Buyers pay Tistalents upfront to create an order (see Payment Terms).
• Orders are bought by way of the Order button discovered on a Seller’s Services web page or by way of a Custom Offer.
• For charges and funds please learn the Payment Terms
• Sellers should fulfil their orders and should not cancel orders regularly or with out trigger. Cancelling orders will have an effect on Sellers’ status and standing.
• Sellers acquire account statuses (Levels) primarily based on their efficiency and status. Advanced ranges present their homeowners with advantages, together with providing companies for larger costs by way of Services Extras, or promoting their Services in multiples.
• Users could not supply or settle for funds utilizing any method aside from putting an order by way of Tistalents.com.
• When buying a Services, Buyers are granted all rights for the delivered work, until in any other case specified by the Seller on their Services web page.
• Tistalents retains the correct to make use of all revealed delivered works and Logo Designs for Tistalents advertising and promotion functions.
• We care about your privateness. You can learn our Privacy Policy here.
• Users undertake to adjust to Testaments’ Community Standards, that are a set of behaviour rules and guidelines, relevant to the Tistalents group and market along with these Terms of Service, as up to date infrequently.
• Tistalents provides its customers the Logo Maker, which permits sure Sellers to supply varied authentic emblem designs for Buyers to regulate and customise per their very own particular wants, utilizing particular automated design instruments. Through the Logo Maker, Buyers buy full business use rights to the Logo Design embedded with their model identify.

SELLERS

Basics

• Sellers create Services on Tistalents to permit Buyers to buy their companies.
• Sellers can also supply Custom Offers to Buyers along with their Services.
• Each Services you promote and efficiently full, accredits your account with a income equal to 80% of the acquisition quantity.
• Tistalents accredits Sellers as soon as an order is accomplished. See our “Orders” part beneath for a definition of a accomplished order.
• For extra details about receiving funds, charges and taxes see the Payment Terms.
• Sellers could not promote their Services or any Tistalents content material by way of the Google Ads platform.
• The Seller’s ranking is calculated primarily based on the order critiques posted by Buyers or Business Account Team Members. High scores enable Sellers to acquire superior Seller ranges (see Levels beneath). In sure instances, exceedingly low scores could result in the suspension of the Seller’s account.
• For safety considerations, Tistalents could quickly disable a Seller’s capacity to withdraw income to stop fraudulent or illicit exercise. This could come because of this of safety points, improper behaviour reported by different customers, or associating a number of Tistalents accounts to a single withdrawal supplier.
• Sellers are chargeable for acquiring a normal legal responsibility insurance coverage coverage with protection quantities which might be ample to cowl all dangers related to the efficiency of their companies.

Services®

• Sellers are allowed to put up a choose quantity of energetic Services primarily based on their Level standing.
  • 7 Services for Sellers and not using a Level standing.
  • 10 Services for Level 1 Sellers.
  • 20 Services for Level 2 Sellers.
  • 30 Services for Top Rated Sellers.
• Services created on Tistalents are User Generated Content.
• Services and/or customers could also be eliminated by Tistalents from the Site for violations of these Terms of Service and/or our Community Standards, which can embrace (however should not restricted to) the next violations and/or supplies:
  • Illegal or Fraudulent companies
  • Copyright Infringement, Trademark Infringement, and violation of a 3rd social gathering’s phrases of service reported by way of our Intellectual Property Claims Policy discovered here
  • Adult oriented companies, Pornographic, Inappropriate/Obscene
  • Intentional copies of Services
  • Spam, nonsense, or violent or misleading Services
  • Services deceptive to Buyers or others
  • Reselling of regulated items
  • Offering to arrange educational works on behalf of Buyers
  • Exceedingly low-quality Services
  • Promoting Tistalents and/or Tistalents Services by way of actions which might be prohibited by any legal guidelines, laws, and/or third events’ phrases of service, in addition to by way of any advertising exercise that negatively impacts {our relationships} with our customers or companions.
• Services which might be eliminated for violations talked about above, could end result within the suspension of the Seller’s account.
• Services which might be eliminated for violations should not eligible to be restored or edited.
• Services could also be faraway from our Search function as a consequence of poor efficiency and/or consumer misconduct.
• Services could embrace pre-approved web site URLs contained inside the Services description and necessities field. Services containing web sites selling content material, which violates Testaments’ Terms of Service and/or our Community Standards, shall be eliminated.
• Services are required to have an acceptable Services picture associated to the service supplied. An choice to add two extra Services photographs can be found to all Sellers. Sellers should ship the identical high quality of service as proven on their Services photographs. Recurring deliveries that don’t match the standard proven on the Services photographs could result in the Seller’s account shedding Seller standing or turning into completely disabled.
• Services could comprise an permitted Services Video uploaded by way of the Services administration instruments obtainable on Tistalents.
• Statements on the Services Page that undermine or circumvent these Terms of Service is prohibited.
• Eligible Services in choose Categories could arrange Services Packages to supply their companies in structured codecs with a number of value factors for the chosen Services.
• Certain classes can be found solely to Pro Sellers to create Services. If you aren’t a Pro Seller, making a Services for companies obtainable to Pro solely could lead to removing of your Services.

Services® Extras

• Services Extras are extra companies supplied on prime of the Seller’s Services for an extra value outlined by the Seller.
• Services Extras could also be eliminated for violations of our Terms of Service and/or our Community Standards. For particular phrases, please see the Services part above for a listing of companies that violate our Terms of Service. Services are topic to be eliminated as a consequence of violations present in Services Extras.
• The quantity of Services Extras, which might be supplied, and the worth for every Services Extra, is predicated in your Seller Level. More data surrounding your accounts eligibility for Services Extras might be discovered here.
• Services supplied by way of Services Extras should be associated to the bottom service and half of the deliverables on the Order.
• Services Extras could cowl totally different classes of companies which might be parts to the next high quality delivered service.
• Sellers have the choice to increase the period of an Order for every Services Extra that’s added to the Order. This is to cowl the time wanted to finish the additional service.

Levels

Tistalents is all about serving to Sellers leverage their expertise. We search to empower prime performing Sellers with useful instruments to develop their business. Sellers who put money into self-promotion could obtain larger buyer satisfaction. And, in the event that they ship on time and preserve top quality and scores, Tistalents could reward them with new statuses, particular alternatives, advantages, and instruments that include it.

• Tistalents Sellers can acquire account Levels primarily based on their exercise, efficiency, and status. The development standards might be discovered here.
• Advancement in Levels are up to date periodically by an automatic system.
• The present Levels a Seller can obtain are, Level 1, 2, and Top Rated.
• Sellers who can’t preserve their high-quality service, expertise a extreme drop in scores, or cease delivering on time threat shedding their Seller standing and the advantages that include it. For instance, late deliveries, warnings to the Seller’s account and cancellations could cause a Seller to maneuver to a unique Level.
• Advanced ranges present their homeowners with extra advantages, together with providing Services for larger costs by way of Services Extras, or promoting their Services in multiples.

Top Rated Sellers

• Top Rated Sellers are chosen manually by Tistalents editors by way of an ongoing evaluation course of primarily based on seniority, quantity of gross sales, extraordinarily excessive scores, distinctive buyer care, excessive order completion price and group management. Top Rated Sellers acquire entry to extra intensive options than earlier ranges, together with unique entry to beta options and VIP help.
• Top Rated eligibility is continually evaluated by Tistalents to make sure that the standard requirements and expectations of the Top-Rated choice is stored. Tistalents retains the correct to vary a Top-Rated Seller standing contemplating such analysis. In addition, Top Rated Sellers who can’t preserve their high-quality service by way of a extreme drop in scores, cease delivering on time, elevated cancellation price or violate our Terms of Service and/or our Community Standards, additionally threat shedding their Top-Rated standing and the advantages that include it.

Pro Sellers

• Pro Sellers are pre-verified professionals who bear a vetting course of by Tistalents editors. Applying for Tistalents Pro is open to everybody: skilled freelancers who’re new to Tistalents, in addition to present Tistalents Sellers.
• Pro Sellers eligibility is continually evaluated by Tistalents to make sure that the standard requirements and expectations of the Pro Seller choice is stored. Tistalents retains the correct to vary a Pro Seller standing contemplating such analysis. In addition, Pro Sellers who can’t preserve their high-quality service by way of a extreme drop in scores, cease delivering on time, elevated cancellation price or violate our Terms of Service, additionally threat shedding their Pro standing and the advantages that include it.

Tistalents Business Catalogue

Tistalents Business is a contract platform tailored for bigger groups and companies. Sellers on the Tistalents Business catalogue are required to adjust to sure skilled requirements. Eligible Sellers whose Services are included within the Tistalents Business catalogue shall be recurrently evaluated by Tistalents to make sure their high-quality professionalism is stored. Tistalents reserves the correct to take away Sellers and Services from the Tistalents Business catalogue.

Seller Features

Tistalents Sellers have entry to a number of unique options that assist customise the way in which their companies might be supplied.

Custom Offer

• Sellers also can ship Custom Offers addressing particular necessities of a Buyer.
• Custom Offers are outlined by the Seller with the precise description of the service, the worth and the time anticipated to ship the service.
• Custom Offers are despatched from the dialog web page.
• Services supplied by way of Custom Offers could not violate Tistalents’ Terms of Service and/or our Community Standards.

Project Milestones

• Services and Custom Offers above $100 could embrace as much as six challenge milestones, the minimal quantity for every milestone is $50 and the challenge ought to embrace at the least two milestones. Each milestone is paid and delivered individually in accordance with every Services or Custom Offer’s description and timelines.
• Once a milestone is delivered and marked as accomplished, Buyers could select to both proceed with the Order and pay for the subsequent milestone, or to cease the Order. If Buyer doesn’t pay for the subsequent milestone inside 10 days of acceptance of earlier milestones, the Order underneath the subsequent milestones is not going to begin. A milestone shall be routinely marked as full if no acceptance or request for modification have been submitted inside 8 days after being marked as Delivered, nonetheless, in such case all additional milestones is not going to begin.

Services Subscription

• Sellers could supply Buyers a set time period subscription for a selected Services (the “Services Subscription”). During the Services Subscription time period, Seller will ship one Order of the identical Services on a recurring foundation, as agreed between the Seller and Buyer.
• Buyers could cancel future Orders underneath the Services Subscription earlier than cost is made for such future Orders. In such case, the Orders underneath the Services Subscription shall be cancelled, as relevant. Once cost is made, Tistalents’ Order Cancelation coverage underneath the Payments Terms will apply.
• Sellers could cancel the Services Subscription as much as 10 days earlier than the subsequent consecutive Order. Otherwise, Tistalents’ Order Cancelation coverage underneath the Payments Terms will apply.

Tistalents Studios

• A Tistalents Studio permits sure Sellers to collaborate with one another and supply Buyers a multi-service Services (a “Studio Services”).
• Studio Lead: Certain chosen Sellers could lead and function Tistalents Studios as Studio Leads. Studio Leads are chosen manually by Tistalents editors by way of an ongoing evaluation course of primarily based on seniority, quantity of gross sales, excessive scores, distinctive buyer care, excessive order completion price and extra. The Studio Lead is chargeable for inviting all Studio Members and managing all incoming Orders, from speaking with the Buyer, by way of dealing with any required revisions and till the ultimate supply. The Studio Lead also can take away Studio Members from Studio Services at any time. With respect to open Orders, nonetheless, Studio Members might be eliminated by Customer Support solely.
• Studio Members: A Studio Lead can invite different Sellers who have been additionally chosen by Tistalents to be eligible for Studios collaboration (every, a “Studio Member”) to hitch their Studio Services and be assigned to a selected service. Studio Members can ask to be faraway from a Studio Services at any time.
• Studio Services: A Studio Services supplies a bundle of companies (from two companies and as much as 5) inside one Services. A Studio Services’ minimal value is US$100. As Studio Services is comprised of a number of companies, each service consists of its personal pricing, pricing elements, and a Studio Member / Lead that’s accountable for such service, all of which is outlined by the Studio Lead when creating the Studio Services. Tistalents Studios can also supply Custom Offers.
• Limitations: Each Tistalents Studio has one Studio Lead. Similarly, a Studio Lead could not function multiple Tistalents Studio. A Tistalents Studio can supply as much as 5 Studio Services, every comprised of as much as 4 Studio Members along with the Studio Lead. Studio Members is probably not assigned to greater than three Studio Services.
• Studio Services Reviews: Studio Services Buyers can go away a public evaluation on the Studio Services as if it have been an everyday Services. The public shopping for ranking & evaluation is linked to and visual on the Studio Services web page, the Tistalents Studio itself (studio web page), in addition to all Studio Members and Studio Lead of that Tistalents Studio.

Tistalents Anywhere

• Tistalents Anywhere is a function that permits Sellers to ship Custom Offers outdoors of Tistalents.
• Services supplied by way of Tistalents Anywhere should adjust to our Terms of Service and our Community Standards.
• Users accessing and buying from a Tistalents Anywhere supply that aren’t already members of Tistalents, shall be required to register with Tistalents to create an Order.
• Sellers are required to ship proof of completion of companies within the Order Page. Please see our Orders part for additional particulars.
• Communication for dealing with Orders ought to be carried out on Tistalents, by way of the Order Page. Users who have interaction and talk off of Tistalents is not going to be protected by our Terms of Service.

Stock Media

• Eligible Services have the choice to make use of Stock Media.
• Sellers earn 20% of the charges charged instantly for the Stock Media.
• Important: Each chosen Stock Media is permitted for a one time use. The chosen media is built-in with the delivered work solely and never as a stand-alone or for recurring use. Sellers are unauthorized to share the unique picture file with the Buyer or any third social gathering.. In addition, Stock Media is ruled by particular license phrases, which might be set forth by Shutterstock. Please see the total Stock Media license phrases here.
• Important: If you cancel an Order that features a Stock Media, the utilization of that Stock Media shall be cancelled as nicely and you’ll now not be capable to use the Stock Media Extra on the identical Order.
• Please observe that Stock Media is on the market for buy by everybody and isn’t owned solely by the Buyer.
• Users can contact Tistalents’ buyer help division for help here.

Shipping Physical Deliverables

Some of the companies on Tistalents are delivered bodily (arts and crafts, collectable objects, and so on.). For these sorts of Services, Sellers could resolve to outline a transport pricing issue.

• Services that embrace a transport pricing issue will need to have bodily deliverables despatched to Buyers.
• Shipping prices added to a Services solely pertains to the fee Sellers require to ship bodily objects to Buyers.
• Important: Buyers who buy Services that require bodily supply, shall be requested to offer a transport deal with.
• Sellers are chargeable for all transport preparations as soon as the Buyer supplies the transport deal with.
• Tistalents doesn’t deal with or assure transport, monitoring, high quality, and situation of objects or their supply and shall not be accountable or accountable for any damages or different issues ensuing from transport.
• A monitoring quantity is an effective way to keep away from disputes associated to transport. We require getting into the monitoring quantity if obtainable within the Order Page when delivering your work.

BUYERS

Basics

• You could not supply direct funds to Sellers utilizing cost techniques outdoors of the Tistalents platform.
• Tistalents retains the correct to make use of all publicly revealed delivered works for Tistalents advertising and promotional functions.
• Buyers could request a selected service from the Post a Request function. Services requested on Tistalents should be an allowed service on Tistalents. Please click on here for pointers on permitted companies. Users ought to chorus from utilizing the Post a Request function for any function aside from in search of companies on Tistalents.

Purchasing

• Please discuss with the Payment Terms for making Payments by way of the Tistalents platform and to study charges and taxes.
• In addition, Buyers can request a Custom Order which addresses particular Buyer necessities, and obtain a Custom Offer from Sellers by way of the positioning or by way of Tistalents Anywhere.
• You could not supply Sellers to pay, or make cost utilizing any method aside from by way of the Tistalents.com website. In case you may have been requested to make use of an alternate cost method, please report it instantly to Customer Support here.

ORDERS

Basics

• Once cost is confirmed, your order shall be created and given a singular Tistalents order quantity (#FO).
• Sellers should ship accomplished recordsdata and/or proof of work utilizing the Deliver Work button (situated on the Order web page) in keeping with the service that was bought and marketed on their Services.
• The Deliver Work button is probably not abused by Sellers to bypass Order pointers described in these Terms of Service. Using the “Deliver Work” button when an Order was not fulfilled could lead to a cancellation of that Order after evaluation, have an effect on the Seller’s ranking and lead to a warning to Seller.
• An Order is marked as Complete after it’s marked as Delivered after which accepted by a Buyer. An Order shall be routinely marked as Complete if not accepted and no request for modification was submitted inside 3 days after the Order was marked as Delivered.
• We encourage our Buyers and Sellers to attempt to settle conflicts amongst themselves. If for any motive this fails after utilizing the Resolution Center or if you happen to encounter non-permitted utilization on the Site, customers can contact Tistalents’ Customer Support division for help here. For extra details about disputes, Order cancellations and refunds please discuss with the Payment Terms.
• Orders by way of the Logo Maker are accomplished as soon as cost is made by the Buyer.
• A milestone (on an Order with milestones) is marked as Complete after it’s delivered by the Seller after which accepted by the Buyer. A milestone shall be routinely marked as full if no acceptance or request for modification have been submitted inside 8 days after being marked as Delivered, nonetheless, in such case the Order shall be stopped and all additional milestones is not going to begin. Once a milestone is delivered and accepted, Buyers could select to both proceed with the Order and pay for the subsequent milestone, or to cease the Order. If Buyer doesn’t pay for the subsequent milestone inside 10 days of acceptance of earlier milestones, the Order underneath the subsequent milestones is not going to begin. Please observe that if you happen to select to cease the long run milestones, the present ordered milestone is not going to be cancelled.
• Buyers could buy a Services Subscription, if obtainable on the Seller’s Services web page. During the Services Subscription time period, a brand new Order of the identical Services shall be routinely created on a recurring foundation, as agreed between the Seller and Buyer. By buying a Services Subscription, you authorize us to routinely cost you for every Order underneath the Services Subscription out of your Tistalents Balance or saved cost method, as relevant. If you should not have any Tistalents Balance or a saved cost method, you’ll be requested to approve the cost previous to the subsequent Order. In case a cost just isn’t processed or made by Buyer, for some other motive, the Orders underneath the Services Subscription shall be cancelled. Buyer can also cancel future Orders underneath the Services Subscription earlier than cost is made for such future Orders. Once cost is made, Tistalents’ Order Cancelation coverage underneath the Payments Terms will apply. Please observe that Sellers can cancel future Orders underneath the Services Subscription 10 days previous to the subsequent consecutive Order.
• Certain Services that provide native companies may require Buyers and Sellers to fulfill in particular person to ensure that the Seller to carry out the service. In such instances, customers ought to observe that Tistalents doesn’t assure the habits, conduct, security, suitability or capacity of both Buyers or Sellers. Both Buyers and Sellers agree that your complete threat arising out of their assembly and/or their use or efficiency of native companies stays solely with them, and Tistalents has no accountability or legal responsibility associated to any native companies supplied by the Sellers. In the occasion that the service is carried out on the Buyers’ premises, Buyers are inspired to keep up correct insurance coverage insurance policies to cowl their legal responsibility because the premise proprietor. Tistalents’ Terms of Service and Community Standards stay relevant to Orders which might be carried out outdoors of {the marketplace} (together with, amongst others, the beneath restrictions on Unlawful Use, Inappropriate Behavior & Language, and Targeted Abuse).

Handling Orders

• When a Buyer orders a Services, the Seller is notified by electronic mail in addition to notifications on the positioning whereas logged into the account.
• Sellers are required to fulfill the supply time they specified when creating their Services. Failing to take action will enable the Buyer to cancel the Order when an Order is marked as late and should hurt the Seller’s standing.
• Sellers should ship accomplished recordsdata and/or proof of work utilizing the Deliver Completed Work button (situated on the Order web page) to mark the Order as Delivered.
• Users are chargeable for scanning all transferred recordsdata for viruses and malware. Tistalents is not going to be held chargeable for any damages which could happen as a consequence of website utilization, use of content material or recordsdata transferred.
• Buyers could use the “Request Revisions” function situated on the Order Page whereas an Order is marked as Delivered if the delivered supplies don’t match the Seller’s description on their Services web page or they don’t match the necessities despatched to the Seller at the start of the order course of.

Reviews

• Feedback critiques supplied by Buyers whereas finishing an Order are a vital half of Tistalents’ ranking system. Reviews exhibit the Buyer’s total expertise with the Sellers and their service. Buyers are inspired to speak to the Seller any considerations skilled throughout their energetic order regarding the service supplied by the Seller.
• Leaving a Buyer’s suggestions is a basic prerogative of a Buyer. Feedback critiques is not going to be eliminated until there are clear violations of our Terms of Service and/or our Community Standards.
• To stop any misuse of our Feedback system, all suggestions critiques should come from reputable gross sales executed solely by way of the Tistalents platform from customers inside our Community. Purchases organized, decided to artificially improve Seller scores, or to abuse the Tistalents platform with purchases from extra accounts, will lead to a everlasting suspension of all associated accounts.
• Feedback feedback given by Buyers are publicly displayed on a Seller’s Services web page.
• Work Samples are the delivered photographs and movies despatched to a Buyer in a supply message. Work Samples are added to a Seller’s Live Portfolio on their Services web page if the Buyer chooses to publish the Work Sample whereas offering a public suggestions evaluation.
• Withholding the supply of companies, recordsdata, or data required to finish the Services’s service with the intent to achieve favorable critiques or extra companies is prohibited.
• Responding and posting a evaluation: Once work is delivered, the Buyer has three days to reply. If no response is supplied inside the response interval, the Order shall be thought of accomplished.
• Users are allowed to depart critiques on Orders as much as 10 days after an Order is marked as full. No new critiques could also be added to an Order after 10 days.
• Sellers could not solicit the removing of suggestions critiques from their Buyers by way of mutual cancellations.
• Once the Buyer submits his/her evaluation, the Seller will obtain a notification and also will have the chance to depart a evaluation about working with the Buyer. Please Note: At this stage, Sellers can’t see the Buyer’s evaluation.
• Once each Seller and Buyer have accomplished their critiques, or the ten days have handed, all posted critiques are made public.
• Responding to a evaluation: Once each critiques from the Buyer and Seller have been revealed, the Seller can reply to the Buyer’s evaluation from the Order web page, seen on the Seller’s Services web page, beneath the Buyer’s suggestions.
• Feedback critiques are unavailable for orders made by way of the Logo Maker.

Disputes and Cancellations

We encourage our Buyers and Sellers to attempt to settle conflicts amongst themselves. If for any motive this fails after utilizing the Resolution Center or if you happen to encounter non-permitted utilization on the Site, customers can contact Tistalents’ Customer Support division for help here. For extra details about disputes, Order cancellations and refunds please discuss with the Payment Terms.

Tistalents Logo Maker

Tistalents Logo Maker permits sure Sellers to supply varied authentic emblem designs (every, a “Logo Design”) for Buyers to regulate and customise per their very own particular wants, utilizing particular automated design instruments. Through the Logo Maker, Buyers buy full business use rights to the Logo Design embedded with their model identify.

Tistalents Logo Maker Sellers are chosen manually by Tistalents editors by way of an ongoing evaluation course of primarily based on high quality of designs, seniority, quantity of gross sales, excessive scores, distinctive buyer care, excessive order completion price and extra.

• By importing a Logo Design to Tistalents Logo Maker you signify and warrant that it’s your authentic work, you solely personal all rights to such design, and it doesn’t infringe any third social gathering rights. You additional warrant that such design was by no means bought earlier than to anybody and that you’ll not supply it on the market outdoors of Tistalents Logo Maker.
• We could use automated techniques that analyze your uploaded Logo Design to assist detect and forestall infringement or different unlawful content material.
• We could restrict the quantity of energetic Logo Designs you may supply.

Logo Design Commercial use license

When an order by way of the Logo Maker is accomplished, and topic to cost, the Seller grants the Buyer a worldwide, royalty-free, non-sublicensable, non-exclusive, irrevocable license to make use of the Logo Design embedded with the Buyer’s model identify for any function, aside from any unlawful, immoral or defamatory function. There is not any guarantee, categorical or implied, with the grant of this license, together with with respect to health for a selected function. Neither the Seller nor Tistalents shall be accountable for any claims, or incidental, consequential or different damages arising out of this license, the Logo Design or the Buyers use of the Logo Design. For the avoidance of doubt, the Seller retains all possession rights to the Logo Design, and no possession or copyrights are granted to the Buyer.

User Conduct and Protection

Tistalents allows individuals around the globe to create, share, promote and buy almost any service they want at an unbeatable worth. Services supplied on Tistalents replicate the variety of an increasing Services financial system. Members of the Tistalents group talk and interact by way of orders, social media, and on Tistalents’ Community Forums.

Tistalents maintains a pleasant, group spirited, {and professional} surroundings. Users ought to maintain to that spirit whereas taking part in any exercise or extensions of Tistalents. This part pertains to the anticipated conduct customers ought to adhere to whereas interacting with one another on Tistalents.

To report a violation of our Terms of Service and/or our Community Standards, User Misconduct, or inquiries concerning your account, please contact our Customer Support staff here.

Basics

• To defend our customers’ privateness, consumer identities are stored nameless. Requesting or offering Email addresses, Skype/IM usernames, phone numbers or some other private contact particulars to speak outdoors of Tistalents with a view to circumvent or abuse the Tistalents messaging system or Tistalents platform just isn’t permitted.
• Any needed trade of private data required to proceed a service could also be exchanged inside the Order Page.
• Tistalents doesn’t present any assure of the extent of service supplied to Buyers. You could use the dispute decision instruments supplied to you within the Order Page.
• Tistalents doesn’t present safety for customers who work together outdoors of the Tistalents platform.
• All data and file exchanges should be carried out solely on Tistalents’ platform.
• Rude, abusive, improper language, or violent messages is not going to be tolerated and should lead to an account warning or the suspension/removing of your account.
• Tistalents is open to everybody. You undertake to not discriminate in opposition to some other consumer primarily based on gender, race, age, non secular affiliation, sexual orientation or in any other case and also you acknowledge that such discrimination could end result within the suspension/removing of your account.
• Users could not submit proposals or solicit events launched by way of Tistalents to contract, have interaction with, or pay outdoors of Tistalents.

Orders

• Users with the intention to defame competing Sellers by ordering from competing companies could have their critiques eliminated or additional account standing associated actions decided by evaluation by our Trust & Safety staff.
• Users are to chorus from spamming or soliciting earlier Buyers or Sellers to pursue eradicating/modifying critiques or cancelling orders that don’t align on Order Cancellation or Feedback insurance policies.

Services

• Users could report Services to Customer Support that could be in violation of Tistalents’ Terms of Service primarily based on the reported Services’s replicated similarity to pre-existing companies (copycat Services).
• Sellers warrant that any content material included of their Services shall be authentic work conceived by the Sellers and shall not infringe any third social gathering rights, together with, with out limitation, copyrights, logos or service marks. In the occasion that sure music or stock-footage media are integrated inside the Services, Sellers signify and warrant that they maintain a sound license to make use of such music and/or footage and to incorporate them within the Services.
• Tistalents will reply to clear and full notices of alleged copyright or trademark infringement. Our Intellectual Property claims procedures might be reviewed here.

Reporting Violations

If you come throughout any content material which will violate our Terms of Service and/or our Community Standards, it is best to report it to us by way of the suitable channels created to deal with these points as outlined in our Terms of Service. All instances are reviewed by our Trust & Safety staff. To defend particular person privateness, the outcomes of the investigation should not shared. You can evaluation our Privacy Policy for extra data.

Violations

Users could obtain a warning to their account for violations of our Terms of Service and/or our Community Standards or any consumer misconduct reported to our Trust and Safety staff. A warning shall be despatched to the consumer’s electronic mail deal with and shall be displayed for such consumer on the Site. Warnings don’t restrict account exercise, however can result in your account shedding Seller statuses or turning into completely disabled primarily based on the severity of the violation.

Non-Permitted Usage

Adult Services & Pornography – Tistalents doesn’t enable any trade of grownup oriented or pornographic supplies and companies.

Inappropriate Behavior & Language – Communication on Tistalents ought to be pleasant, constructive, {and professional}. Tistalents condemns bullying, harassment, and hate speech in the direction of others. We enable customers a medium for which messages are exchanged between people, a system to price orders, and to interact on bigger platforms comparable to our Community Forum and Social Media pages.

Phishing and Spam – Members’ safety is a prime precedence. Any makes an attempt to publish or ship malicious content material with the intent to compromise one other member’s account or pc surroundings is strictly prohibited. Please respect our members privateness by not contacting them with provides, questions, solutions or something which isn’t instantly associated to their Services or orders.

Privacy & Identity – You could not publish or put up different individuals’s personal and confidential data. Any trade of private data required for the completion of a service should be supplied within the Order Page. Sellers additional affirm that no matter data they obtain from the Buyer, which isn’t public area, shall not be used for any function in anyway aside from for the supply of the work to the Buyer. Any customers who have interaction and talk off of Tistalents is not going to be protected by our Terms of Service.

Authentic Tistalents Profile – You could not create a false identification on Tistalents, misrepresent your identification, create a Tistalents profile for anybody aside from your self (an actual particular person), or use or try to make use of one other consumer’s account or data; Your profile data, together with your description, expertise, location, and so on., whereas could also be stored nameless, should be correct and full and is probably not deceptive, unlawful, offensive or in any other case dangerous. Tistalents reserves the correct to require customers to undergo a verification course of with a view to use the Site (whether or not by utilizing ID, cellphone, digital camera, and so on.).

Intellectual Property Claims – Tistalents will reply to clear and full notices of alleged copyright or trademark infringement, and/or violation of third social gathering’s phrases of service. Our Intellectual Property claims procedures might be reviewed here.

Fraud / Unlawful Use – You could not use Tistalents for any illegal functions or to conduct unlawful actions.

Abuse and Spam

Multiple Accounts – To stop fraud and abuse, customers are restricted to 1 energetic Tistalents account and one energetic Tistalents Business account. Any extra account decided to be created to bypass pointers, promote aggressive benefits, or mislead the Tistalents group shall be disabled. Mass account creation could lead to disabling of all associated accounts. Note: any violations of Tistalents’ Terms of Service and/or our Community Standards is a trigger for everlasting suspension of all accounts.

Targeted Abuse – We don’t tolerate customers who have interaction in focused abuse or harassment in the direction of different customers on Tistalents. This consists of creating new a number of accounts to harass members by way of our message or ordering system.

Selling Accounts – You could not purchase or promote Tistalents accounts.

Proprietary Restrictions

The Site, together with its normal structure, feel and appear, design, data, content material and different supplies obtainable thereon, is solely owned by Tistalents and guarded by copyright, trademark, and different mental property legal guidelines. Tistalents®, Services® and Services® are all registered logos owned solely by Tistalents. Users haven’t any proper, and particularly agree to not do the next with respect to the Site or any half, part or extension of the Site (together with its cell purposes): (i) copy, switch, adapt, modify, distribute, transmit, show, create by-product works, publish or reproduce it, in any method; (ii) reverse assemble, decompile, reverse engineer or in any other case try and derive its supply code, underlying concepts, algorithms, construction or group; (iii) take away any copyright discover, identification or some other proprietary notices; (iv) use automation software program (bots), hacks, modifications (mods) or some other unauthorized third-party software program designed to change the Site; (v) try to achieve unauthorized entry to, intervene with, harm or disrupt the Site or the pc techniques or networks linked to the Site; (vi) circumvent, take away, alter, deactivate, degrade or thwart any technological measure or content material protections of the Site; (vii) use any robotic, spider, crawlers or different computerized gadget, course of, software program or queries that intercepts, “mines,” scrapes or in any other case accesses the Site to observe, extract, copy or acquire data or knowledge from or by way of the Site, or have interaction in any guide course of to do the identical, (viii) introduce any viruses, trojan horses, worms, logic bombs or different supplies which might be malicious or technologically dangerous into our techniques, (ix) use the Site in any method that might harm, disable, overburden or impair the Site, or intervene with some other customers’ enjoyment of the Site or (x) entry or use the Site in any means not expressly permitted by these Terms of Service. Users additionally agree to not allow or authorize anybody else to do any of the foregoing.

Except for the restricted proper to make use of the Site in keeping with these Terms of Service, Tistalents owns all proper, title and curiosity in and to the Site (together with any and all mental property rights therein) and also you agree to not take any motion(s) inconsistent with such possession pursuits. We reserve all rights in reference to the Site and its content material (aside from UGC) together with, with out limitation, the unique proper to create by-product works.

Feedback Rights

To the extent that you just present Tistalents with any feedback, solutions or different suggestions concerning the Tistalents platform or the Site as a complete, in addition to different Tistalents services or products (collective, the “Feedback”), you’ll be deemed to have granted Tistalents an unique, royalty-free, absolutely paid up, perpetual, irrevocable, worldwide possession rights within the Feedback. Tistalents is underneath no obligation to implement any Feedback it could obtain from customers.

Confidentiality

Sellers ought to acknowledge that there is likely to be a necessity for Buyers to reveal sure confidential data for use by Sellers for the aim of delivering the ordered work, and to guard such confidential data from unauthorized use and disclosure. Therefore, Sellers comply with deal with any data obtained from Buyers as extremely delicate, prime secret and categorised materials. Without derogating from the generality of the above, Sellers particularly comply with (i) preserve all such data in strict confidence; (ii) not disclose the knowledge to any third events; (iii) not use the knowledge for any function aside from delivering the ordered work; and (vi) to not copy or reproduce any of the knowledge with out the Buyer’s permission.

General Terms

• Tistalents reserves the correct to place any account on maintain or completely disable accounts as a consequence of breach of these Terms of Service and/or our Community Standards or as a consequence of any unlawful or inappropriate use of the Site or companies.
• Violation of Tistalents’ Terms of Service and/or our Community Standards could get your account disabled completely.
• Users with disabled accounts will be unable to promote or purchase on Tistalents.
• Users who’ve violated our Terms of Service and/or our Community Standards and had their account disabled could contact our Customer Support staff for extra data surrounding the violation and standing of the account.
• Users have the choice to allow account Security options to guard their account from any unauthorized utilization.
• Users should be capable to confirm their account possession by way of Customer Support by offering supplies that show possession of that account.
• Disputes ought to be dealt with utilizing Tistalents’ dispute decision instruments (‘Resolution Center’ on the order web page) or by contacting Tistalents Customer Support.
• Tistalents could make modifications to its Terms of Service infrequently. When these modifications are made, Tistalents will make a brand new copy of the phrases of service obtainable on this web page.
• You perceive and agree that if you happen to use Tistalents after the date on which the Terms of Service have modified, Tistalents will deal with your use as acceptance of the up to date Terms of Service.

User Generated Content

User Generated Content (“UGC”) refers back to the content material added by customers versus content material created by the Site. All content material uploaded to Tistalents by our customers (Buyers and Sellers) is User Generated Content. Tistalents doesn’t verify consumer uploaded/created content material for appropriateness, violations of copyright, logos, different rights or violations and the consumer importing/creating such content material shall be solely chargeable for it and the results of utilizing, disclosing, storing, or transmitting it. By importing to, or creating content material on, the Tistalents platform, you signify and warrant that you just personal or have obtained all rights, licenses, consents, permissions, energy and/or authority, needed to make use of and/or add such content material and that such content material or the use thereof within the Site doesn’t and shall not (a) infringe or violate any mental property, proprietary or privateness, knowledge safety or publicity rights of any third social gathering; (b) violate any relevant native, state, federal and worldwide legal guidelines, laws and conventions; and/or (c) violate any of your or third social gathering’s insurance policies and/or phrases of service. We invite everybody to report violations along with proof of possession as acceptable. Reported violating content material could also be eliminated or disabled.

Furthermore, Tistalents just isn’t chargeable for the content material, high quality or the extent of service supplied by the Sellers (even when they’re Pro Sellers, Top Rated Sellers, supply Promoted Services or in any other case). We present no guarantee with respect to the Services, their supply, any communications between Buyers and Sellers, and the Logo Designs created by way of the Logo Maker. We encourage customers to take benefit of our ranking system, our group and customary sense in selecting acceptable companies.

By providing a service, the Seller undertakes that he/she has ample permissions, rights and/or licenses to offer, promote or resell the service that’s supplied on Tistalents. Sellers promoting on-line their Services or Logo Design created by way of the Logo Maker should adjust to legal guidelines and phrases of service of the promoting platform or related web site used to promote. Failing to take action could lead to removing of the Services or Logo Design from the Logo Maker, as relevant, and should result in the suspension of Seller’s account.

For particular phrases associated to Intellectual Property rights and for reporting claims of copyright infringement (DMCA notices) or trademark infringement – please see our Intellectual Property Claims Policy which types an integral half of these Terms of Service. Note that it’s our coverage in acceptable circumstances to disable and/or terminate the accounts of customers who’re repeat infringers.

Ownership

Ownership and limitations: When buying a Services on Tistalents, until clearly said in any other case on the Seller’s Services web page/description, when the work is delivered, and topic to cost, the Buyer is granted all mental property rights, together with however not restricted to, copyright within the work delivered from the Seller, and the Seller waives any and all ethical rights therein. Accordingly, the Seller expressly assigns to the Buyer the copyright within the delivered work. All switch and task of mental property to the Buyer shall be topic to full cost for the Services, and the supply is probably not used if cost is cancelled for any motive. For removing of doubt, in customized created work (comparable to artwork work, design work, report era and so on.), the delivered work and its copyright shall be the unique property of the Buyer and, upon supply, the Seller agrees that it thereby, pursuant to those Terms of Service, assigns all proper, title and curiosity in and to the delivered work to the Buyer. Some Services (together with for customized created work) cost extra funds (by way of Services Extras) for a Commercial Use License. This implies that if you are going to buy the Services for private use, you’ll personal all rights you require for such use, and won’t want the Commercial Use License. If you plan to make use of it for any cost or different consideration, or for any function that’s instantly or not directly in reference to any business, or different endeavor meant for revenue, you will want to purchase the Commercial Use License by way of a Services Extra and could have broader rights that cowl your business use.

For Voice Over Services, when the work is delivered, and topic to cost, the Buyer is buying basic rights, (which suggests the Buyer is paying a one time payment permitting them to make use of the work perpetually and for any function aside from commercials, radio, tv and web business spots). If you plan to make use of the Voice Over to advertise a product and/or service (with the exception of paid advertising channels), you will want to buy the Commercial Rights (Buy-Out) by way of Services Extra. If you plan to make use of the Voice Over in radio, tv and web commercials, you will want to buy the Full Broadcast Rights (Buy-Out) by way of Services Extra. For additional data on the sort of buy-outs, please learn beneath.

Furthermore, customers (each Buyers and Sellers) agree that until they explicitly point out in any other case, the content material customers voluntarily create/add to Tistalents, together with Services texts, pictures, movies, usernames, consumer pictures, consumer movies and some other data, together with the show of delivered work, could also be utilized by Tistalents for no consideration for advertising and/or different functions.

Voice Over Commercial Buy-Out

When buying a Voice Over Services, the Seller grants you a perpetual, unique, non-transferable, worldwide license to make use of the bought Voice Over (aside from commercials, radio, tv and web business spots).
By buying a Commercial Rights (Buy-Out) together with your order, along with the basic rights, the Seller grants you with a license to make use of the Voice Over for any company, promotional and non-broadcast functions. Corporate, promotional and non-broadcast functions means any business associated use for the creation of, or to advertise a for-product revenue or service (with the exception of paid advertising channels), comparable to (by means of instance): explainer movies posted to firm web sites, social networks or electronic mail campaigns, audiobooks, podcast intros, and strictly excludes any unlawful, immoral or defamatory function.
By buying a Full Broadcast Rights (Buy-Out) together with your order, along with the Commercial Rights, the Seller grants you with a license for full broadcasting, which incorporates web, radio, and TV “paid channels” together with (by means of instance): tv commercials, radio commercials, web radio, and music/video streaming platforms, and strictly excludes any unlawful, immoral or defamatory function.

This Buy-Out is topic to Tistalents’ Terms of Service. There is not any guarantee, categorical or implied, with the acquisition of this supply, together with with respect to health for a selected function. Neither the Seller nor Tistalents shall be accountable for any claims, or incidental, consequential or different damages arising out of this license, the supply or your use of the supply.

Services Commercial Use License

By buying a “Commercial Use License” together with your Services Order, the Seller grants you a perpetual, unique, non-transferable, worldwide license to make use of the bought supply for Permitted Commercial Purposes. For the avoidance of doubt, the Seller retains all possession rights. “Permitted Commercial Purposes” means any business associated use, comparable to (by means of instance) promoting, promotion, creating net pages, integration into product, software program or different business associated instruments and so on., and strictly excludes any unlawful, immoral or defamatory function. This License is topic to Tistalents’ Terms of Service. There is not any guarantee, categorical or implied, with the acquisition of this supply, together with with respect to health for a selected function. Neither the Seller nor Tistalents shall be accountable for any claims, or incidental, consequential or different damages arising out of this license, the supply or your use of the supply.

Disclaimer of Warranties

YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER TISTALENTS NOR ANY PERSON ASSOCIATED WITH TISTALENTS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Machine Translation

Certain user-generated content material on the Site has been translated on your comfort utilizing translation software program powered by Amazon Translate. Reasonable efforts have been made to offer an correct translation, nonetheless, no automated translation is ideal neither is it meant to interchange human translators. Such translations are supplied as a service to customers of the Site, and are supplied “as is”. No guarantee of any variety, both expressed or implied, is made as to the accuracy, reliability, or correctness of such translations constructed from English into some other language. Some user-generated content material (comparable to photographs, movies, Flash, and so on.) is probably not precisely translated or translated in any respect because of the limitations of the interpretation software program.

The official textual content is the English model of the Site. Any discrepancies or variations created within the translation should not binding and haven’t any authorized impact for compliance or enforcement functions. If any questions come up associated to the accuracy of the knowledge contained within the translated content material, please discuss with the English model of the content material which is the official model.

Limitation on Liability

IN NO EVENT WILL TISTALENTS, 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 SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE 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.

The time period “Affiliate” referred to herein, is an entity that, instantly or not directly, controls, or is underneath the management of, or is underneath frequent management with Tistalents, the place management means having greater than fifty % (50%) voting inventory or different possession curiosity or the bulk of voting rights of such entity.