Terms of Service
Last Updated June 20, 2021.
Welcome to https://market.alura.io/. The following terms and conditions (these "Terms of Service") govern your access to and use of the Alura Market website, including any content, functionality and services offered on or through https://market.alura.io (the "Site").
Please read the Terms of Service carefully. BY USING THE SERVICE AND THE SITE, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE, DO NOT USE THE SERVICE OR SITE.
Alura Market Overview
Alura Market is a platform (“Marketplace”) that allows people to market, sell, and purchase services to enhance their Amazon businesses. The Marketplace was created for Freelancers and Buyers. Freelancers are people that offer and sell Services through Listing Pages on the Site. Buyers are people who purchase services from Freelancers on the Site. Listing Pages on the Site are where Freelancers can describe their services and their own terms of service for potential Buyers who are interested in partnering with them, and where Buyers can purchase those services and create an Order. An Order represents a formal agreement between a Buyer and a Freelancer to purchase and provide the Services described on the Listing Page.
By accepting the Terms of Service noted in this document, you agree that in connection with using or accessing the Alura Market you will not:
- Post, list or upload inappropriate content or services on the Site;
- Create multiple Alura Market accounts;
- Buy, sell, or transfer your Alura Market account to another party;
- Post links to your personal portfolio/website where services can be purchased;
- Breach or circumvent any laws, third-party rights or our systems, policies, or determinations of your account status;
- Use our services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our sites, services, applications or tools;
- If you are a Buyer, fail to pay for items purchased by you and delivered by a Freelancer according to the agreed-upon purchase order;
- If you are a Freelancer, fail to deliver the services or items sold by you and for which you have received payment;
- Attempt to complete a transaction initiated through our platform outside the Alura Market;
- Manipulate or interfere with any other user's listings;
- Post false, inaccurate, misleading, deceptive, defamatory, or libellous content;
- Distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
- Distribute viruses or any other technologies that may harm Alura Market or the interests or property of users;
- Use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our services for any purpose, except with the prior express permission of Alura Market;
- Interfere with the working of our services, or impose an unreasonable or disproportionately large load on our infrastructure;
- Infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, "Intellectual Property Rights") that belong to or are licensed to Alura Market. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to Alura Market or someone else;
- Infringe any Intellectual Property Rights that belong to third parties affected by your use of the services or post content that does not belong to you;
- Commercialize any Alura Market application or any information or software associated with such application, except with the prior express permission of Alura Market;
- Harvest or otherwise collect information about users without their consent;
- Circumvent any technical measures we use to provide the services;
- Collect email addresses, phone numbers, or any other form of customer data in order to market your services to buyers outside of the Alura Market application;
- Collect email addresses, phone numbers or any other form of customer data in order to sell them to a third party;
- Ask a buyer or seller to communicate via email or SMS instead of the Alura Market Messaging system; or
- Ask a buyer for their email, phone number, skype, or any other messaging app credentials before the buyer has placed an order.
If we believe you are violating our policies in any way, we may, at our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our services; delay or remove hosted content; remove any status associated with your account(s); remove, not display, and/or demote listings; reduce or eliminate any discounts; and take technical and/or legal steps to prevent you from using our services.
We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our services. Additionally, we reserve the right to refuse or terminate all or part of our services to anyone for any reason at our discretion.
- Freelancers are pre-verified professionals who undergo a vetting process by Alura Market editors. While anyone can apply to be a Freelancer here, only those who are approved by the Alura Market editors will be allowed to create Listing Pages that are shown on the site.
- Alura Market provides Freelancer vetting and billing and collection services only; all work described on Listing Pages, and agreed to in Orders, will be performed entirely by Freelancers.
- For each order sold and successfully completed by a Freelancer, Alura Market will accredit the Freelancer’s designated bank account with an amount equal to 80% the amount paid by the Buyer after any processing and service fees charged by our Payment processor. These processing fees typically, but not always, represent 5% of the purchase price.
- Alura Market will only accredit a Freelancer’s bank account once an order is marked as completed. See our "Orders" section below for details on what constitutes a completed order.
- If an order is cancelled for any reason before being marked as completed, the funds paid will be refunded to the Buyer’s credit card excluding any payment processing fees charged by our payments provider.
- Revenues will be directly deposited into the Freelancer’s bank account within seven days after a Buyer has marked the order completed. Even if the transaction is marked as completed immediately, the money may take up to seven days to appear in the Freelancer’s account due to the processing policies of our payment processor.
- Freelancers are responsible for paying any direct or indirect taxes, including any state sales taxes, VAT and any and all other taxes which may apply to them based on their location and the services provided. Freelancers represent and warrant that they comply, and will comply at all times, with their obligations under all tax provisions in their jurisdiction. The listing price shown on the listing page is inclusive of all such taxes and charges that may apply to the Freelancers.
- Since the Alura Market is simply a place to connect freelancers with those in need of their services and Alura does not employ the freelancer directly or offer those services ourselves, detailed invoices beyond what is on your emailed receipt are not available directly from Alura.
- For security reasons, Alura Market may temporarily prohibit a Freelancer from logging into their account to prevent fraudulent or illicit activity. This may come as a result of security issues, improper behavior reported by Buyers, or a Freelancer’s creating multiple Alura Market accounts. Alura Market will attempt to contact the Freelancer in these situations and discuss with them ways to regain access to their account.
- Alura Market Super Freelancers
- Alura Market Super Freelancers are more likely to appear higher in our sort order, and can also be featured in email campaigns, social ads, contests, promotions, blog posts, videos and additional marketing campaigns. Alura Market may also promote this designation on the Freelancer’s listing page.
- Alura Market Super Freelancers are chosen manually by Alura Market editors through an ongoing review process based on several factors, including but not limited to the following: the volume of sales done through the Alura Market site; extremely high Buyer ratings; exceptional customer care and follow-up; high on-time order completion rate; keeping all orders inside the Alura Market app; tenure on Alura Market; and community leadership.
- Alura Market Super Freelancers eligibility is constantly evaluated by Alura Market to ensure that the quality standards and expectations that are associated with the Alura Market Super Freelancers designation are maintained. Alura Market Super Freelancers who cannot maintain their high quality service; stop delivering on time; show a drop in Buyer ratings; have more cancellations; show evidence of taking more Alura Market-initiated transactions outside of Alura Market; or who violate our Terms of Service risk losing their Alura Market Super Freelancer status and the benefits that come with it. Alura Market reserves the right to change this status at any time in its sole discretion.
- Buyers may not request discounts for paying through an outside method such as PayPal. If a customer requests to pay through a different method, he or she risks having their account permanently banned.
- Buyers must keep all written communication with Freelancers on the Alura Market messaging system at all times.
- Buyers may not request multiple revisions in order to gain more services from Freelancers above and beyond the agreed-upon order requirements.
- Buyers may not threaten freelancers with bad reviews in order to get more services that are not included in the listing.
- If a buyer orders a service and does not communicate their needs to the freelancer within 5 days, the order may be cancelled and refunded, excluding processing fees.
- If an order is cancelled, all funds except the processing fees will be refunded.
- The content shown on a listing page is created entirely by the Freelancer. Alura Market is not responsible for the content shown on a Listing Page by a Freelancer and, while we do vet every Freelancer before allowing them on the site, we do not review each Listing Page. We encourage all Buyers to contact Alura Market support at firstname.lastname@example.org if they believe the content shown on a listing page is materially misleading.
- Listing Pages and/or Profiles Pages may not include links to websites, email addresses, phone numbers etc. that will take communication off of the Alura Market Messaging System.
- Listings may be removed by Alura Market for violations of these Terms of Service.
- Listings that are removed for violations are not eligible to be restored or edited without the approval of Alura Market. If you believe your listing has been removed inappropriately, please reach out to email@example.com.
- Alura Market reserves the right to show listing pages in any order based on its own algorithms and rules in Buyer searches, with our primary goal always being to match Buyers with the Freelancers that best meet their needs. Some listings may be removed from these searches due to poor performance or any of the listed violations.
- Listings containing websites promoting content or examples of past work which violate Alura Market’s Terms of Service will also be removed.
- All listing pages must show an appropriate image related to the service offered by the Freelancer. Listings may also contain a video related to the service offered in some cases.
- To create an order from a Freelancer’s listing page, Buyers must use the “Proceed to Order” button on the Alura Market site.
- Purchases are made using a Credit Card - Visa, MasterCard & AMEX are all accepted.
- All prices on the Alura Market are listed in USD.
- Service and payment processing fees are added at the point in the purchase process when a Buyer can review and accept the total amount required to complete the order. These fees cover our payment processor’s administrative fees. As of April 2021, the average fee assessed was 5% of the purchase price. Service fees are non-refundable; funds returned to a Buyer’s credit card from cancelled or refunded orders will not include service fees.
- Payments made through Alura Market will be held in escrow until order completion as described in more detail below. This keeps all Buyer payments safe from any fraudulent activity or material misrepresentations on the part of a Freelancer. As discussed below, Alura Market’s customer success team is available to resolve conflicts between Buyer and Freelancer to ensure a positive outcome for both parties on all payments made and orders completed through our site.
- You may not offer to pay Freelancers directly or through any method other than through the market.alura.io site. If you have been asked to use an alternative payment method, please report it immediately to the Customer Success Team at firstname.lastname@example.org. Any payments made outside our site are not subject to any of the protections described above or below and may result in the Buyer and Freelancer’s removal from our site going forward.
- Orders represent the formal agreement between a Buyer and a Freelancer created after a Buyer makes a purchase from the Freelancer’s listing page.
- Once a Buyer’s payment is confirmed, the Buyer’s order will be created and given a unique Alura Market order number.
- Upon completion of the work advertised on Freelancer’s listing page and purchased by the Buyer, Freelancers must deliver completed files and/or proof of work using the upload file feature located in the In-App Messenger.
- An order will not be marked as complete until after the Buyer has reviewed the completed files and/or proof and clicked “Mark Order Completed.”
- If an order is accidentally marked completed and funds are transferred to a Freelancer, refunds are no longer possible as funds will be out of escrow.
- Order Handling Details.
- When a Buyer orders a service, the Freelancer is notified by email and by notifications on the site when logged into their account.
- Any time a buyer completes a transaction on the Alura Market the buyer will receive an emailed receipt from Alura which includes basic information about the transaction. This information includes the purchased service, the price paid, the date and payment method used. Detailed invoices beyond what is on your emailed receipt are not available directly from Alura.
- Freelancers are required to meet the delivery time specified when creating their listing. Failing to do so will allow the buyer to contact Customer Success to cancel the order. If the freelancer asks the Buyer for an extension and it is agreed upon by the Buyer, a cancellation is not possible unless the Freelancer is late by 24 hours on the extension.
- Freelancers must upload completed files and/or proof of work using the Alura Market In-App Messenger.
- Users are responsible for scanning all transferred files for viruses and malware. Alura Market is not responsible for any damages that might occur due to site usage, including use of such content or files transferred.
- Freelancers must fulfill their orders and may not cancel orders without cause/Buyer consent. If a Freelancer does wish to cancel an order without Buyer’s consent, however, he may do so by contacting Alura Market Customer Success at email@example.com. Cancellation without Buyer consent will have a negative effect on the Freelancer's status/ranking on the Alura Market and its ability to continue to provide services on our marketplace.
Ratings and Reviews
- Feedback reviews provided by Buyers once an order is completed are an essential part of Alura Market's rating system. Reviews reflect the quality of the service delivered and help reveal the Buyer's overall experience with the Freelancers.
- Feedback comments given by Buyers are publicly displayed on a Freelancer’s listing page.
- Leaving feedback is the prerogative of the Buyer and Freelancer. Alura Market will post all reviews of confirmed orders made on our site using Alura Market’s order and payments system, regardless of ranking, unless there are clear violations to our Terms of Service on the part of the Buyer or Freelancer.
- To prevent any misuse of our Feedback system, all feedback reviews must come from legitimate sales executed exclusively through the Alura Market platform from users within our Community. Reviews from purchases made outside of Alura Market will not be posted. Purchases arranged, determined to artificially enhance Freelancer ratings, or to abuse the Alura Market platform with purchases from additional accounts, will result in a permanent suspension of all related accounts.
- Withholding the delivery of services, files, or information required to complete the listing’s service with the intent to gain favourable reviews or additional services is prohibited.
- Buyer attempts to renegotiate previously agreed upon terms in exchange for a positive review are also strictly prohibited.
- Freelancers may not solicit the removal of feedback reviews from their Buyers through mutual cancellations.
Disputes and Cancellations
- We encourage our Buyers and Freelancers to try and settle conflicts between themselves without any intervention from Alura Market. However, if for any reason this fails or if you encounter non-permitted usage of the Site, users can contact Alura Market's Customer Success team for assistance at firstname.lastname@example.org.
- Freelancers can not grant refunds or cancellations. Refunds are only granted and approved through an Alura Market Customer Support Representative. If a freelancer approves a refund, it is not valid until Alura Customer Support deems it as valid.
- Order cancellations can only be performed on Alura Market, when eligible, by contacting our Customer Success team at email@example.com.
- If an order is cancelled for any reason, the funds paid will be refunded to the Buyer’s credit card excluding any payment processing fees charged by our payment provider.
- 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 lead to a temporary suspension of your account. Note: if a Buyer files a dispute with its own credit card merchant, bank or payment provider, Alura Market will no longer be able to refund the money to the Buyer on its own due to the rules associated with disputes and our own obligations towards the payment provider.
- Alura Market reserves the right to cancel orders or place funds on hold for any suspected fraudulent transactions made on the Site.
- Buyer requests for revisions to previously agreed-upon orders can be performed through the Alura Market in-app messenger while the order is still pending.
- Revision requests to ordered services can be performed only while the service is still pending. Freelancers indicate the number of free revisions allowed on their listing page. Freelancers may determine the amount of revisions offered to Buyers while creating their listing, including no revisions.
- Buyers cannot renegotiate terms, including asking for additional services beyond what was agreed upon in the original order. If a Buyer and Freelancer do wish to increase the scope of their partnership beyond what was agreed upon in the original order, they should create a new and separate order via Alura Market’s same processes explained above.
- Order Cancellation Details
- Alura Market encourages Buyers and Freelancers to resolve service disputes mutually using the Alura Market in-app messenger.
- Our Customer Success team will determine if an order is eligible to be cancelled without penalty based on a number of factors, including violations to our Terms of Service, general misconduct, and improper usage of the Alura Market delivery system. See below for more details on specific qualifications that warrant an approved cancellation.
- Completed orders may be cancelled, upon review by our Customer Success Team, up to 14 days after the Freelancer has sent files and/or proofs to the Buyer.
- Orders are not eligible to be cancelled based on the quality of the service / materials delivered by the Freelancer if the service was rendered as described in the listing page. In these situations, Buyers may rate their experience with the Freelancer on the review page, including the overall level of service quality received.
- Buyers must use the Alura Market In-App Messenger to express their concerns and desired resolution related to the service provided by their Freelancer prior to contacting Customer Success. Customer Success will not take any action against Orders where the Buyers failed to inform the Freelancer of issues related to the Freelancer’s service and will allow Freelancers to provide a resolution first. This does not include non-permitted usage of Alura Market.
- Any non-permitted usage of Alura Market encountered during an Order, after being reviewed by our Customer Success Team, may result in the order being cancelled. This includes, but is not limited to, harassment, unlawful behavior, or other violations to Alura Market’s Terms of Service.
Criteria for Cancellation:
- Active Orders (after the Buyer submits their requirements and before the Freelancer delivers on Alura Market)
- The Freelancer is late and unresponsive for more than 24 hours past the deadline shown on the listing page.
- 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 Freelancer’s delivery.
- The user is no longer an active Alura Market user due to Terms of Service violations or closure of their account.
- Delivered Orders (after the Freelancer has submitted a draft or revision of the order in the In-App Messenger)
- The Freelancer delivers no files and/or proof of work related to the agreed upon order requirements. Note: When the assessment of whether or not the files or proof of work delivered meet the agreed-upon order requirements is subjective on the part of either user, and the two cannot mutually agree between themselves, the assessment will be made by our Customer Success Team in its sole discretion and binding upon both parties.
- The Freelancer requests additional payments, on or off the Alura Market platform, by withholding the final delivery of services directly related to the agreed requirements.
- The Freelancer is withholding the final delivery of services for improved ratings.
- Buyers who request multiple revisions in order to gain more services from Freelancers above and beyond the agreed-upon order requirements.
- Buyers who threaten to leave a damaging review to gain more services from the Freelancer not related to the agreed-upon order requirements.
- Completed Orders (after the order is marked as complete by the Buyer)
- Users who have been reported to use copyright/trademark infringing materials after verification and with proof.
- Buyers who did not purchase commercial use rights and are reported to have used the materials commercially.
If you come across any content that may violate our Terms of Service, you should report it to our Customer Success Team immediately at firstname.lastname@example.org. All cases are reviewed by our Customer Success Team.
Ownership and limitations: Unless clearly stated otherwise on the Freelancer's listing page/description, when the work is delivered, and payment is made, the Buyer is granted all intellectual property rights, including but not limited to, copyrights for the work delivered from the Freelancer, and the Freelancer waives any and all moral rights therein. The delivered work shall be considered work-for-hire under the U.S. Copyright Act. In the event the delivered work does not meet the requirements of work-for-hire or when US Copyright Act does not apply, the Freelancer 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 listing and the delivery may not be used if payment is cancelled for any reason. For removal of doubt, in custom created work (such as art work, design work, report generation etc.), the delivered work shall be the exclusive property of the Buyer, and Freelancer assigns all rights, title and interest in the delivered work.
Freelancers 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 Freelancers) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to Alura Market, including listing texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by Alura Market for marketing and/or other purposes for no consideration.
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 Alura MARKET NOR ANY PERSON ASSOCIATED WITH Alura MARKET 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.
Limitation on Liability
IN NO EVENT WILL Alura MARKET, 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.
Third Party Resources. The Site may contain links to third party websites or other resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or other resources. Links to such websites or resources are provided only as a convenience to you and do not imply any endorsement by or affiliation with Alura Market. You acknowledge sole responsibility for, and assume all risk arising from, your use of any such third-party websites or resources. For Freelancers, providing links on your Listing Pages or in conversations with Buyers to any other site with the intention of taking transactions initiated by Alura Market outside of the Alura Market to avoid fees is expressly prohibited and will be considered a violation of these Terms of Service.
Intellectual Property. The Website, its original content, features, functionality (including look), our trademarks, service marks, logos, and Service content (“Intellectual Property”) are owned by Alura Market and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You agree to not copy, modify, create derivative works of, publicly display, publicly perform, or republish any of our Intellectual Property. The term “content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, AdWords, and interactive features generated, provided, or otherwise made accessible on the Website or otherwise through Alura Market.
International Users. The Service is controlled, operated and administered by Alura Market from our offices within the USA and Canada. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the content accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Compliance with Law. You represent and warrant that your use and interaction with Alura Market and its Service is in compliance with all national, federal, state, and local laws, ordinances and regulations. If you are located in a country outside the United States it is your responsibility to determine that you are in compliance with the laws of that country. You agree to indemnify and hold us harmless from any losses, including attorney fees that result from your breach of any part of these warranties.
Force Majeure. We shall not be liable for any failure of or delay in the performance of this agreement for the period that such failure or delay is due to causes beyond our reasonable control, including but not limited to acts of god, war, hackers, third party internet providers, government orders, power failures, nuclear destruction, Armageddon or any other force majeure event.
Severability. The invalidity or unenforceability of any provisions of these Terms of Service shall not affect the validity or enforceability of any other provisions of these Term Service, which shall remain in full force and effect.
Survival. Any provision of these Terms of Service which imposes an obligation after termination or expiration of this agreement shall survive the termination or expiration of this agreement.
Headings. The section headings contained in these Terms of Service are for reference purposes only and shall not affect in any way the meaning or interpretation of these Terms.
Waiver. Our failure to exercise or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver; nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof.
Governing Law. This Agreement shall be governed, construed, and enforced in accordance with the laws of the the Commonwealth of Oslo, Norway, without regard to its conflict of laws rules, or international law or convention.
Dispute Resolution. Any dispute or controversy you or we have arising under or in connection with this agreement shall be settled exclusively by binding arbitration solely by written submission in Austin, in the State of Texas, in accordance with the expedited Commercial rules of the American Arbitration Association then in effect, by one arbitrator. Judgment may be entered on the arbitrator’s award in any court having jurisdiction. The arbitrator shall not have the power to award any punitive or consequential damages. Arbitration shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator’s authority to resolve and make written awards is limited to claims between you and us alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.
The above notwithstanding, if you violate these Terms of Service then we may seek injunctive or other equitable relief.
Notice. All notices to you will be effective when we send it to the last email or physical address you gave us or posted on our Website. Any notice to us will be effective when delivered to us at:
Copyright Infringement. If copyrighted content that belongs to you was posted on the Website without your permission, please notify us at:
Please include in your notice:
- An electronic or physical signature of the copyright owner or someone authorized to act on their behalf;
- The name, address, telephone number, and email address of the copyright owner;
- Identification of the copyrighted work that is being infringed;
- Identification of where the infringing material is located on our Website (a URL works best);
- A statement that you have a good faith belief that the use isn’t authorized by the copyright owner, its agent or the law;
- A statement that the information in your notice is accurate, and
- A statement that you’re authorized to act on behalf of the
This statement must be made under penalty of perjury, meaning if any part of the statement is false, you could be committing perjury—a serious offense that’s sometimes even classified as a felony.
Warning: If you knowingly make a false statement in your claim of copyright infringement, then you may be subject to liability for damages and heavy civil penalties. If you are not sure whether material on one of our Websites infringes your copyright, then you should speak with a lawyer before notifying us. We may forward your notice to the user that uploaded the content.
Electronic Communications. When you use the site, or send emails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us. We will communicate with you in a variety of ways, such as by e-mail, text, or by posting notices and messages on this Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.