Terms of Service
Tistalents Master Terms of Service & Payment Terms
Welcome to tistalents.com.
The following terms of service (these “Terms of Service”) and payment terms (these “Payment Terms”) govern your access to and use of www.tistalents.com and the Tistalents mobile application (collectively, the “Site”), as well as any content, functionality, services, and funds you make or obtain by way of these platforms operated by Tistalents Ltd. (Plot 104 Zone 2, Finima, Bonny, Rivers, Nigeria) and its affiliates, as applicable. “We” or “us” refers to Tistalents Ltd. and its subsidiaries collectively, while “you” or “user” refers to you as a user of the Site.
Tistalents processes card funds from Nigeria and the world at large. Please read these Terms carefully before making or receiving funds, or beginning to use the Site. By using the Site, creating an account, or clicking to accept these Terms when this option is made available to you, you accept and agree on behalf of yourself or your employer or another entity (if applicable) to be bound and abide by this consolidated Master Agreement. You further agree that you have read and comprehended our privacy statement. You must not access or use the Site if you do not want to accept these Terms or the Privacy Policy.
This Site is offered and available to users who are at least 18 years of age and of legal age to form a binding contract. If you are under 18 and at least 13 years of age, you are only permitted to use the Site through an account owned by a parent or legal guardian with their appropriate permission. If you are under 13 you are not permitted to use the Site or the Tistalents services. By using the Site, you represent and warrant that you meet all of the foregoing eligibility requirements.
Our Customer Support team is available 24/7 if you have any questions regarding the Site or Terms. The original language of these Terms, as well as all other texts throughout the Site, is English. In case of conflicts between the original English version and any translation, the English version shall prevail.
Key Terms
Buyers are users who purchase services on Tistalents.
Business Account is a collaborative Buyer account, created by way of Tistalents Business.
Business Account Team Member or Team Member is any user that is invited or uses a Business Account.
Custom Offers are exclusive proposals that a Seller can create in response to specific requirements of a Buyer.
Custom Orders are requests made by a Buyer to receive a Custom Offer from a Seller.
Logo Design is an original design for a logo uploaded by a Seller by way of the Tistalents Logo Maker.
Logo Maker is the automated logo design tool provided by Tistalents to users as further explained in these Terms.
Order Page is where Buyers and Sellers communicate with each other in connection with an ordered Services.
Orders are the formal agreements between a Buyer and Seller after a purchase was made from the Seller’s Services Page.
Payment Services Provider(s) are service providers that provide payment services to Buyers and Sellers in connection with the Tistalents platform, together with collection of funds from Buyers, remittance and withdrawal of funds to Sellers, currency exchange services, and the holding of funds in connection with Tistalents Balances.
Revenue is the money that Sellers earn from completed orders and can either withdraw or use to purchase on Tistalents.
Sellers are users who offer and perform services by way of Services or by way of the Logo Maker on Tistalents.
Services® / Services® are services offered on Tistalents.
Services® Extras are additional services offered on top of the Seller’s Services for an additional price defined by the Seller.
Services® Packages allow Sellers to offer services in different formats and prices. Packages can include upgrades, which lets Sellers price their service for a basic price of over $5.
Services® Page is where the Seller can describe their Services and the Services’ terms, and the Buyer can purchase the Services and create an order.
Tistalents Balance is the aggregated amount of your Revenue as a Seller and/or returned funds from cancelled orders as a Buyer and/or your Tistalents Business Balance.
Overview (Main terms, in a nutshell)
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Only registered users may buy and sell on Tistalents. Registration is free. In registering for an account, you agree to provide us with accurate, complete, and updated information and must not create an account for fraudulent or misleading purposes. You are solely responsible for any activity on your account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your account.
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Services on Tistalents may be offered at a base starting price of $5. Some Services are offered at a base price of more than $5 as determined by the Seller.
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Buyers pay Tistalents in advance to create an order.
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Orders are purchased through the Order button found on a Seller’s Services page or through a Custom Offer.
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Sellers must fulfill their orders, and may not cancel orders on a regular basis or without cause. Cancelling orders will affect Sellers’ reputation and status.
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Sellers gain account statuses (Levels) based on their performance and reputation. Advanced levels provide their owners with benefits, including offering services for higher prices through Services Extras, or selling their Services in multiples.
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Users may not offer or accept payments using any method other than placing an order through Tistalents.com.
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When purchasing a Services, Buyers are granted all rights for the delivered work, unless otherwise specified by the Seller on their Services page.
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Tistalents retains the right to use all published delivered works and Logo Designs for Tistalents marketing and promotion purposes.
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Users undertake to comply with Tistalents’ Community Standards, which are a set of behavior rules and guidelines applicable to the Tistalents community and marketplace.
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Tistalents offers its users the Logo Maker, which allows certain Sellers to offer various original logo designs for Buyers to adjust and customize per their own specific needs, using special automated design tools. Through the Logo Maker, Buyers purchase full commercial use rights to the Logo Design embedded with their brand name.
Part 1: Sellers
Basics
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Sellers create Services on Tistalents to allow Buyers to purchase their services.
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Sellers may also offer Custom Offers to Buyers in addition to their Services.
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Each Services you sell and successfully complete, accredits your account with a revenue equal to 80% of the purchase amount.
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Tistalents accredits Sellers once an order is completed.
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Sellers may not promote their Services or any Tistalents content via the Google Ads platform.
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The Seller’s rating is calculated based on the order reviews posted by Buyers or Business Account Team Members. High ratings allow Sellers to obtain advanced Seller levels. Exceedingly low ratings may lead to the suspension of the Seller’s account.
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For security concerns, Tistalents may temporarily disable a Seller’s ability to withdraw revenue to prevent fraudulent or illicit activity.
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Sellers are responsible for obtaining a general liability insurance policy with coverage amounts that are sufficient to cover all risks associated with the performance of their services.
Services®
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Sellers are allowed to post a select amount of active Services based on their Level status:
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7 Services for Sellers without a Level status.
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10 Services for Level 1 Sellers.
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20 Services for Level 2 Sellers.
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30 Services for Top Rated Sellers.
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Services created on Tistalents are User Generated Content.
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Services and/or users may be removed by Tistalents from the Site for violations of these Terms of Service and/or our Community Standards, which may include (but are not limited to) the following violations and/or materials:
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Illegal or Fraudulent services
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Copyright Infringement, Trademark Infringement, and violation of a third party’s terms of service
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Adult oriented services, Pornographic, Inappropriate/Obscene
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Intentional copies of Services
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Spam, nonsense, or violent or deceptive Services
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Services misleading to Buyers or others
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Reselling of regulated goods
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Offering to prepare academic works on behalf of Buyers
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Exceedingly low-quality Services
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Promoting Tistalents and/or Tistalents Services through activities that are prohibited by any laws, regulations, and/or third parties’ terms of service, as well as through any marketing activity that negatively affects our relationships with our users or partners.
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Services that are removed for violations mentioned above, may result in the suspension of the Seller’s account.
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Services that are removed for violations are not eligible to be restored or edited.
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Services may be removed from our Search feature due to poor performance and/or user misconduct.
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Services may include pre-approved website URLs contained within the Services description and requirements box. Services containing websites promoting content, which violates Tistalents’ Terms of Service and/or our Community Standards, will be removed.
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Services are required to have an appropriate Services image related to the service offered. An option to upload two additional Services images are available to all Sellers. Sellers must deliver the same quality of service as shown on their Services images.
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Services may contain an approved Services Video uploaded through the Services management tools.
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Statements on the Services Page that undermine or circumvent these Terms of Service is prohibited.
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Eligible Services in select Categories may set up Services Packages to offer their services in structured formats with multiple price points.
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Certain categories are available only to Pro Sellers to create Services. If you are not a Pro Seller, creating a Services for services available to Pro only may result in removal of your Services.
Services® Extras
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Services Extras are additional services offered on top of the Seller’s Services for an additional price defined by the Seller.
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Services Extras may be removed for violations of our Terms of Service and/or our Community Standards. Services are subject to be removed due to violations found in Services Extras.
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The amount of Services Extras, which can be offered, and the price for each Services Extra, is based on your Seller Level.
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Services offered through Services Extras must be related to the base service and part of the deliverables on the Order.
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Services Extras may cover different categories of services that are components to a higher quality delivered service.
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Sellers have the option to extend the duration of an Order for each Services Extra that is added to the Order.
Levels
Tistalents is all about helping Sellers leverage their skills. We seek to empower top performing Sellers with helpful tools to grow their business. Sellers who invest in self-promotion may achieve greater customer satisfaction. And, if they deliver on time and maintain high quality and ratings, Tistalents may reward them with new statuses, special opportunities, benefits, and tools that come with it.
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Tistalents Sellers can gain account Levels based on their activity, performance, and reputation.
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Advancement in Levels are updated periodically by an automated system.
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The current Levels a Seller can achieve are Level 1, 2, and Top Rated.
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Sellers who cannot maintain their high-quality service, experience a severe drop in ratings, or stop delivering on time risk losing their Seller status and the benefits that come with it.
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Advanced levels provide their owners with additional benefits, including offering Services for higher prices through Services Extras, or selling their Services in multiples.
Top Rated Sellers
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Top Rated Sellers are chosen manually by Tistalents editors through an ongoing review process based on seniority, volume of sales, extremely high ratings, exceptional customer care, high order completion rate and community leadership. Top Rated Sellers gain access to more extensive features than previous levels, including exclusive access to beta features and VIP support.
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Top Rated eligibility is constantly evaluated by Tistalents to ensure that the quality standards and expectations of the Top-Rated selection is kept. Tistalents retains the right to change a Top-Rated Seller status in light of such evaluation.
Pro Sellers
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Pro Sellers are pre-verified professionals who undergo a vetting process by Tistalents editors. Applying for Tistalents Pro is open to everyone: professional freelancers who are new to Tistalents, as well as existing Tistalents Sellers.
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Pro Sellers eligibility is constantly evaluated by Tistalents to ensure that the quality standards and expectations of the Pro Seller selection is kept.
Tistalents Business Catalogue
Tistalents Business is a freelance platform tailored for larger teams and businesses. Sellers on the Tistalents Business catalogue are required to comply with certain professional standards. Eligible Sellers whose Services are included in the Tistalents Business catalogue will be regularly evaluated by Tistalents to ensure their high-quality professionalism is kept. Tistalents reserves the right to remove Sellers and Services from the Tistalents Business catalogue.
Seller Features
Custom Offer
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Sellers can also send Custom Offers addressing specific requirements of a Buyer.
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Custom Offers are defined by the Seller with the exact description of the service, the price and the time expected to deliver the service.
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Custom Offers are sent from the conversation page.
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Services provided through Custom Offers may not violate Tistalents’ Terms of Service and/or our Community Standards.
Project Milestones
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Services and Custom Offers above $100 may include up to six project milestones, the minimum amount for each milestone is $50 and the project should include at least two milestones. Each milestone is paid and delivered separately in accordance with each Services or Custom Offer’s description and timelines.
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Once a milestone is delivered and marked as completed, Buyers may choose to either continue with the Order and pay for the next milestone, or to stop the Order. If Buyer does not pay for the next milestone within 10 days of acceptance of previous milestones, the Order under the next milestones will not start. A milestone will be automatically marked as complete if no acceptance or request for modification were submitted within 8 days after being marked as Delivered, however, in such case all further milestones will not start.
Services Subscription
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Sellers may offer Buyers a fixed term subscription for a specific Services (the “Services Subscription”). During the Services Subscription term, Seller will deliver one Order of the same Services on a recurring basis, as agreed between the Seller and Buyer.
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Buyers may cancel future Orders under the Services Subscription before payment is made for such future Orders. Once payment is made, Tistalents’ Order Cancelation policy under the Payment Terms will apply.
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Sellers may cancel the Services Subscription up to 10 days before the next consecutive Order.
Tistalents Studios
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A Tistalents Studio allows certain Sellers to collaborate with each other and offer Buyers a multi-service Services (a “Studio Services”).
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Studio Lead: Certain chosen Sellers may lead and operate Tistalents Studios as Studio Leads. Studio Leads are chosen manually by Tistalents editors. The Studio Lead is responsible for inviting all Studio Members and managing all incoming Orders, from communicating with the Buyer, through handling any required revisions and until the final delivery. The Studio Lead can also remove Studio Members from Studio Services at any time.
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Studio Members: A Studio Lead can invite other Sellers who were also chosen by Tistalents to be eligible for Studios collaboration (each, a “Studio Member”) to join their Studio Services and be assigned to a specific service.
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Studio Services: A Studio Services provides a bundle of services (from two services and up to five) within one Services. A Studio Services’ minimum price is US$100. As Studio Services is comprised of several services, every service includes its own pricing, pricing factors, and a Studio Member / Lead that is accountable for such service.
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Limitations: Each Tistalents Studio has one Studio Lead. Similarly, a Studio Lead may not operate more than one Tistalents Studio. A Tistalents Studio can offer up to five Studio Services, each comprised of up to four Studio Members in addition to the Studio Lead.
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Studio Services Reviews: Studio Services Buyers can leave a public review on the Studio Services as if it were a regular Services.
Tistalents Anywhere
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Tistalents Anywhere is a feature that allows Sellers to send Custom Offers outside of Tistalents.
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Services offered through Tistalents Anywhere must comply with our Terms of Service and our Community Standards.
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Users accessing and purchasing from a Tistalents Anywhere offer that are not already members of Tistalents, will be required to register with Tistalents to create an Order.
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Sellers are required to deliver proof of completion of services in the Order Page.
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Communication for handling Orders should be performed on Tistalents, through the Order Page. Users who engage and communicate off of Tistalents will not be protected by our Terms of Service.
Stock Media
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Eligible Services have the option to use Stock Media.
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Sellers earn 20% of the fees charged directly for the Stock Media.
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Important: Each selected Stock Media is authorized for a one time use. The selected media is integrated with the delivered work only and not as a stand-alone or for recurring use. Sellers are unauthorized to share the original image file with the Buyer or any third party. In addition, Stock Media is governed by special license terms, which are set forth by Shutterstock.
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Important: If you cancel an Order that includes a Stock Media, the usage of that Stock Media will be cancelled as well and you will no longer be able to use the Stock Media Extra on the same Order.
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Please note that Stock Media is available for purchase by everyone and is not owned exclusively by the Buyer.
Shipping Physical Deliverables
Some of the services on Tistalents are delivered physically (arts and crafts, collectable items, etc.). For these types of Services, Sellers may decide to define a shipping pricing factor.
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Services that include a shipping pricing factor must have physical deliverables sent to Buyers.
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Shipping costs added to a Services only pertains to the cost Sellers require to ship physical items to Buyers.
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Important: Buyers who purchase Services that require physical delivery, will be asked to provide a shipping address.
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Sellers are responsible for all shipping arrangements once the Buyer provides the shipping address.
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Tistalents does not handle or guarantee shipping, tracking, quality, and condition of items or their delivery and shall not be responsible or liable for any damages or other problems resulting from shipping.
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A tracking number is a great way to avoid disputes related to shipping. We require entering the tracking number if available in the Order Page when delivering your work.
Part 2: Buyers
Basics
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You may not offer direct payments to Sellers using payment systems outside of the Tistalents platform.
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Tistalents retains the right to use all publicly published delivered works for Tistalents marketing and promotional purposes.
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Buyers may request a specific service from the Post a Request feature. Services requested on Tistalents must be an allowed service on Tistalents. Users should refrain from using the Post a Request feature for any purpose other than looking for services on Tistalents.
Part 3: Purchasing and Payment Terms
Receiving Payments
General
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Each Gig you sell and successfully complete, accredits your account with revenue equal to 80% of the purchase amount.
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Each Logo Design you sell by way of the Logo Maker accredits your account with revenue equal to 80% of the basic logo package price and 20% of the margin on top of the basic logo package price.
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Tistalents accredits Sellers once an order is completed.
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If an order is cancelled (for any reason), the funds paid might be returned to the Buyer’s Tistalents Balance.
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Sellers are accountable for paying any direct or indirect taxes, together with any GST, VAT or income tax, which can apply to them depending on residency, location or otherwise, under provisions of their jurisdiction. Sellers signify and warrant that they comply, and can always comply, with their obligations under income tax provisions of their jurisdiction. The price shown on the Gig page or on the Logo Maker order page is inclusive of all such taxes and costs that will apply to the Sellers.
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Appointment as Limited Payment Collection Agent: Seller hereby appoints Tistalents as Seller’s restricted approved payment assortment agent solely for the aim of accepting funds (through its Payment Services Provider, if relevant) from Buyer, and remitting these funds to Seller. Seller agrees that payment from Buyer to Tistalents shall be thought-about the same as a made on to Seller. Buyer’s payment obligation to Seller might be glad upon receipt of payment by Tistalents (or its Payment Services Provider, as relevant), and Tistalents is accountable for remitting the funds to the Seller within the method described in these Payment Terms. If Tistalents does not remit any such quantities to Seller, the Seller can have recourse solely towards Tistalents and never the Buyer straight.
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Tistalents companions with Payment Services Providers for functions of gathering funds from Buyers, transferring such funds from Buyers to Sellers, and holding funds in reference to Tistalents Balances. All funds providers in reference to the withdrawal of funds on the Tistalents platform are carried out by Tistalents’ Payment Services Providers.
Withdrawing Revenues
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To withdraw your income, you need to have an account with not less than one of Tistalents’ Payment Service Providers for the withdrawal strategies listed under. All funds eligible for Withdrawal might be held in your behalf at an account with Tistalents’ Payment Services Provider.
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Your Tistalents profile might be related to just one account from every Tistalents withdrawal method. A Payment Service Provider withdrawal account might be related to just one Tistalents profile.
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Revenues are solely made obtainable for withdrawal from the Revenue web page following a security clearance interval of 14 days after the order is marked as full. Top Rated Sellers are eligible to withdraw income following a security clearance interval of 7 days after the order is marked as full. For Tistalents Studio Members, the security clearance interval relies on the Studio Lead’s Level Status or classification.
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Sellers might withdraw their revenues utilizing one of Tistalents’ withdrawal choices. To withdraw your obtainable income, you need to click on on the designated withdrawal supplier to initiate the withdrawal course process.
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For safety considerations, Tistalents might quickly disable a Seller’s capacity to withdraw income to forestall fraudulent or illicit exercise. This might come in consequence of safety points, improper behaviour reported by different customers, or associating a number of Tistalents accounts to a single withdrawal supplier.
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Withdrawals can solely be made within the quantity obtainable to you.
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Withdrawal charges range depending on the withdrawal method.
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Withdrawals are closing and can’t be undone. We won’t be able to reverse this course of as soon as it has begun.
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In sure circumstances, Sellers might withdraw Revenues in a number of completely different currencies. All foreign currency exchange services in reference to such withdrawals are carried out by Tistalents’ Payment Services Providers. Your Tistalents Balance is all the time derived from its US$ worth and, due to this fact, the native currency quantity of your Tistalents Balance might change day by day in accordance with alternate charge fluctuations and likewise contains conversion charges. Sellers all the time have the choice to withdraw Revenues in US$.
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Sellers will have the ability to withdraw their revenues from disabled accounts after a security interval of 90 days following full verification of possession of the account in query, from the day of the final cleared payment acquired of their account and topic to Tistalents’ approval.
Withdrawal Methods
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Withdraw to your PayPal Account – US$0 Fee*. For a listing of PayPal providers by country click here.
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Tistalents Revenue Card™ – US$1 Fee* inside 2 days, or US$3 Fee* inside 2 hours. Available worldwide, apart from India and Russia.
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Local Bank Transfer (LBT) – US$3 per switch*. Available worldwide.
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Direct Deposit (ACH) – US$1 per switch*. Available solely within the US.
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Additional charges might apply based mostly in your location and currency.
Purchasing
General
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Buyers pay Tistalents to create an order from a Seller’s Gig web page or Custom Offer, utilizing the Order Now button or by way of the Logo Maker. Tistalents companions with Payment Services Providers for functions of gathering all funds from Buyers, transferring such funds from Buyers to Sellers, and holding funds in reference to Tistalents Balances.
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Tistalents serves as Seller’s restricted approved payment assortment agent solely for the aim of accepting funds (through its Payment Services Provider, if relevant) from Buyer, and remitting these funds to Seller.
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In most places, purchases on Tistalents might be made through the use of one of the next payment strategies: Credit Card, PayPal, Tistalents Credits or present Tistalents Balance. Additional payment strategies might apply in sure places.
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Service charges are added on the time of buy the place you may overview and settle for the full quantity requested to pay. These charges cowl administrative charges. As of March 2021, the service charges are 5.5% of the acquisition quantity. For purchases below US$50 a further US$2 small order payment might be utilized.
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Your present Tistalents Balance might be mechanically utilized to your subsequent buy.
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You might not supply Sellers to pay, or make payment utilizing any method aside from by way of the Tistalents.com website. In case you’ve gotten been requested to make use of an alternate payment method, please report it instantly to Customer Support.
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You comply with obtain invoices and/or payment receipts from Tistalents in digital type as PDF paperwork, by electronic mail or by way of the Site.
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To defend towards fraud, unauthorized transactions (equivalent to cash laundering), claims, or different liabilities, payment info in reference to withdrawals is collected by either Tistalents or Tistalents’ Payment Services Providers. Payment Services Providers may additionally acquire such different info as vital for the aim of processing withdrawal funds. Tistalents is just not uncovered to the payment info offered to Payment Services Providers, and this info is topic to the privateness coverage relevant to the Payment Service Provider.
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By utilizing any payment method and/or offering payment particulars for making purchases on Tistalents, you signify and warrant that: (a) you’re legally approved to offer such info; (b) you’re legally approved or have permission to make funds utilizing the payment method(s); (c) in case you are an worker or agent of an organization or individual that owns the payment method, you’re approved by that firm or particular person to make use of the payment method to make funds on Tistalents; and (d) such actions don’t violate any relevant regulation.
Purchasing by way of Tistalents Logo Maker
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All Logo Designs have a hard and fast US$ worth and might be bought both within the basic emblem package deal or in further packages as indicated within the Logo Design order web page.
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Before finishing an order, it is possible for you to to preview a watermarked model of the Logo Design embedded along with your model identify, and to additional modify the Logo Design utilizing the enhancing instruments. Once payment has been made, orders of Logo Designs is probably not cancelled.
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In addition to the Logo Design you choose, you should buy a package deal that means that you can create a number of Logo Design variations with the Logo Maker’s enhancing software. When buying a package deal that provides the Logo Maker’s enhancing software, we grant you a remunerable, non-exclusive, non-transferable, non-sublicensable, and personalised proper to access the Logo Maker’s enhancing software for the aim of enhancing the Logo Design you chose. Please be aware that reselling the Logo Design and/or Logo Design variations is forbidden and should end in restrictions to your account. Tistalents reserves the right to offer you usually obtainable updates to the enhancing software and/or terminate the service at its sole discretion. You may also buy redesign providers from the Seller who created the Logo Design. The worth of such redesign providers is set by the Seller and a service payment might be charged solely for the extra redesign providers. For cancellations of emblem redesign providers, please seek advice from the “Disputes and Cancellations” part under.
Local Currencies
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You pays on Tistalents in a number of completely different currencies. For your comfort, costs might be rounded as much as the nearest quantity. At checkout, you will notice the correct quantity to be paid. Unless acknowledged in any other case, you can be charged within the currency displayed on the payment web page. All foreign currency exchange services in reference to funds in native currencies are carried out by Tistalents’ Payment Services Providers. In sure circumstances, nevertheless, when sure currencies usually are not supported by sure payment strategies, you can be charged in US$ even when the value is displayed in one another currency. In any occasion, the precise charged quantity (within the precise payment currency) might be clearly disclosed to you earlier than you full the payment.
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Note that each one costs on Tistalents are derived all the time from their unique US$ worth and, due to this fact, non-US$ currency costs might change day by day in accordance with alternate charge fluctuations and may additionally include conversion charges. Buyers all the time have the choice to pay in US$ by altering their currency.
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If you paid for an Order in a currency aside from US$ and your Order was later cancelled for any purpose, the quantity returned to your Tistalents Balance can be based mostly on the alternate charge as of the date of cancellation. Therefore, the returned quantity might range from the paid quantity in native currency terms, while all the time sustaining the same US$ worth.
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Your Tistalents Balance is all the time valued in US$, even whether it is displayed in a non-US$ currency. Therefore, must you choose to view your Tistalents Balance in any currency aside from US$, it might change day by day in accordance with alternate charge fluctuations, while all the time sustaining the same US$ worth. Users all the time have the choice to view their Tistalents Balance in US$ by altering their chosen displayed currency.
Tistalents Credits
In sure situations, Tistalents might give you credit (“Tistalents Credits” or “Credits”), both for promotional functions or in any other case, for use for buying Gigs and/or different providers provided on the Site. Your obtainable Credit stability will seem in your account. Your legitimate Tistalents Credits might be mechanically utilized to your subsequent buy and might be seen in your order abstract after you place the order. Unless acknowledged in any other case, Tistalents Credits expire following three months from their receipt. Tistalents Credits serve solely as an incentive to make use of Tistalents, and, due to this fact, usually are not redeemable for money, haven’t any money worth and are nonrefundable. Once used, Tistalents Credits is probably not returned to your account even when your Order will get cancelled. Tistalents Credits could also be topic to further circumstances and restrictions as might be disclosed to You upon receipt of the Credits. Credits could also be voided within the occasion of fraud, misuse, or violation of these Terms. Tistalents reserves the right to change or cancel the Tistalents Credits program at any time. If you or Tistalents deactivate or droop your Tistalents account, any unused Tistalents Credits in your account might be forfeited.
Promo Codes
From time to time we might give you promo codes for buying Gigs and/or different providers provided on the Site, on particular reductions. Promo Codes are legitimate just for purchases on Tistalents and are topic to completely different time limitations and can expire after their predefined time period. To train your promo code, merely enter the code on the checkout web page. If you fail to take action, your buy is not going to be eligible for the low cost. Promo codes are restricted to at least one use per consumer and is probably not used or mixed with another promotion. For orders which are composed of a number of milestones, the promo code will apply to the primary milestone solely. Promo Codes don’t apply to Tistalents Credits. Promo codes could also be topic to further circumstances and restrictions as might be disclosed to you upon receipt of the promo codes. Promo codes could also be voided within the occasion of fraud, misuse, or violation of the Terms of Service. Tistalents reserves the right to change or cancel promo codes at any time.
Taxes
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Tistalents could also be required by relevant legal guidelines to cost customers with oblique taxes (equivalent to Sales Tax, VAT or GST) or to withhold taxes. Any quantity Tistalents might be required to gather might be along with the acquisition quantity and another charges payable by the Buyer, and any quantity Tistalents might be required to withhold might be deducted from the Seller’s income, as required by relevant legal guidelines.
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Indirect taxes are along with the value shown on the location, and in any occasion, any such taxes will all the time be exhibited to the Buyer earlier than payment. Users are accountable for paying any direct or oblique taxes, together with any GST, VAT, or revenue tax, which can apply to them depending on residency, location or in any other case, below provisions of their jurisdiction.
Part 4: Orders, Handling, and Reviews
Basics
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Once cost is confirmed, your order shall be created and given a singular Tistalents order quantity (#FO).
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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.
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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.
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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.
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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.
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Orders by way of the Logo Maker are accomplished as soon as cost is made by the Buyer.
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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.
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Buyers could purchase a Services Subscription, if obtainable on the Seller’s Services web page. During the Services Subscription time period, a brand new Order of the same Services shall be routinely created on a recurring basis, 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.
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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 guarantee the habits, conduct, safety, 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.
Handling Orders
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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.
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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.
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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.
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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.
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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
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Feedback critiques supplied by Buyers whereas finishing an Order are a vital half of Tistalents’ ranking system. Reviews exhibit the Buyer’s total experience with the Sellers and their service. Buyers are encouraged to speak to the Seller any considerations skilled throughout their energetic order regarding the service provided by the Seller.
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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.
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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.
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Feedback feedback given by Buyers are publicly displayed on a Seller’s Services web page.
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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.
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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.
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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.
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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.
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Sellers could not solicit the removing of suggestions critiques from their Buyers by way of mutual cancellations.
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Once the Buyer submits his/her evaluation, the Seller will receive 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.
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Once each Seller and Buyer have accomplished their critiques, or the ten days have passed, all posted critiques are made public.
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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.
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Feedback critiques are unavailable for orders made by way of the Logo Maker.
Part 5: Disputes and Cancellations
We encourage our Buyers and Sellers to try to settle conflicts amongst themselves. If for any purpose this fails after utilizing the Resolution Centre or in case you encounter non-permitted utilization on the Site, customers can contact Tistalents’ Customer Support division for help.
Basics
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Order cancellations might be carried out on Tistalents, when eligible, by Customer Support or by way of the Resolution Centre per order.
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Filing a transaction dispute or reversing a cost by way of your cost supplier or your financial institution is a violation of these Payment Terms. Doing so might get your account quickly or completely disabled. Note: Once you’ve gotten filed a dispute along with your cost supplier, the funds might be ineligible for a refund as a consequence of our obligations in direction of the cost supplier.
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In the occasion that you simply encounter a problem associated to the service offered in an order, you’re encouraged to make use of the Site’s dispute decision instruments to try to resolve the matter.
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Tistalents, by way of its Payment Services Provider, reserves the right to cancel orders or place funds on maintain for any suspected fraudulent transactions made on the Site.
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All switch and project of mental property to the Buyer shall be topic to full payment and the supply is probably not used if payment is cancelled for any purpose.
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If an order is cancelled (for any purpose), the funds paid might be returned to the Buyer’s Tistalents Balance.
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Revisions to deliveries might be carried out by Sellers based mostly on the Seller’s Gig and buyer care. Sellers might decide the quantity of revisions they want to supply, together with no revisions.
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Requests for revisions might be carried out by way of the Order Page whereas the order is marked as Delivered.
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Requesting to achieve extra providers from Sellers past the agreed necessities through the use of the Request Revisions button is just not allowed.
Order Cancellations
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Tistalents encourages Buyers and Sellers to resolve service disputes mutually utilizing the Resolution Centre.
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Eligibility for requests to Tistalents to cancel an order might be assessed by our Customer Support staff based mostly on a quantity of elements, together with violations of our Terms of Service and/or our Community Standards, common misconduct, and improper utilization of the Tistalents supply system. See under for Order particular eligibility.
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Completed orders (or, the place relevant, accomplished milestones) could also be cancelled, upon overview of our Customer Support staff, as much as 14 days after the order (or Milestone) is marked as full. Please be suggested that orders can’t be partially cancelled (i.e. we are able to solely cancel your entire order when it’s justified).
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In uncommon circumstances the place we discover it applicable, our Customer Support staff might cancel a accomplished order even after 14 days have passed from its completion. In such circumstances, the quantities paid for the cancelled order might be returned to the Buyer’s Tistalents Balance and might be deducted from the Seller’s Tistalents Balance or, if there aren’t any adequate quantities within the Seller’s Tistalents Balance, from future revenues of such Seller.
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For orders made by way of the Tistalents Logo Maker, as soon as cost has been made, orders of Logo Designs is probably not cancelled.
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Orders usually are not eligible to be cancelled based mostly on the standard of service/supplies delivered by the Seller if the service was rendered as described within the Gig Page. You might charge your experience with the Seller on the Order Page, together with the general stage of service high quality acquired.
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You should use Tistalents Resolution Centre to handle your considerations and desired decision associated to the service offered by their Seller previous to contacting Customer Support. Customer Support is not going to take any action towards Orders the place the relevant has failed to tell their Seller of points associated to the Seller’s service and can permit Sellers to offer a decision first. This doesn’t include non-permitted utilization of Tistalents.
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Any non-permitted utilization of Tistalents encountered throughout an Order, after being reviewed by our Customer Support staff, might consequence within the order being cancelled. This includes, however not limited to; harassment, illegal behaviour, or different violations of Tistalents’ Terms of Service.
Tistalents Customer Support will cancel orders based mostly on, however not limited to, the next reasons:
Active orders (after necessities had been submitted to the Seller and earlier than the Seller delivers on Tistalents):
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The Seller is late and unresponsive for greater than 24 hours whereas the order is marked as Late.
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Users are abusive in direction of the opposite celebration by way of threats of low scores or leveraging order supplies (equivalent to logins, private info) towards one another.
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Users provided or included copyright/trademark infringing supplies as half of their necessities or the Seller’s supply.
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The consumer is not an energetic Tistalents consumer as a consequence of Terms of Service violations or closure of their account.
Delivered Orders (after the Seller clicks Deliver Now and earlier than the order is marked as full):
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The Seller makes use of the Delivery system to increase the supply due date to finish the requested service with out offering the ultimate delivered service. Note: Multiple reported offenses will end in everlasting suspension of your account.
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The Seller delivers no information and/or proof of work associated to the agreed upon order necessities. Note: Subjectivity of the supplies in query might be reviewed by our Customer Support staff.
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The Seller requests further funds, on or off the Tistalents platform, by withholding the ultimate supply of providers straight associated to the agreed necessities.
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The Seller is withholding the ultimate supply of providers for improved scores.
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Users who abuse the Request Revisions button to achieve extra providers from Sellers past the agreed necessities.
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Users who threaten to go away a dangerous overview to achieve extra providers from the Seller not associated to the agreed necessities.
Completed Orders (after the order is marked as full and earlier than the 14-day limitation):
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Users who’ve been reported to make use of copyright/trademark infringing supplies after verification and with proof.
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Users who didn’t buy industrial use rights and are reported to have used the supplies commercially. Note: Terms of Commercial use are discovered on the Seller’s Gig Page and can’t be retroactively included as soon as the order is accomplished for over 14 days.
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Tistalents Customer Support will overview circumstances of Order supply manipulation that forestalls customers from absolutely using our Resolution Centre that enabled the order to be marked as full.
Chargebacks
Tistalents critiques circumstances of cost supplier chargebacks and disputes on behalf of Sellers. Although outcomes range per case as a consequence of every chargeback purpose, we work hard on resolving disputes within the Seller’s favour. If the chargeback case permits, Tistalents (or one of Tistalents’ Payment Services Providers) will return elements or full income again to Sellers, in any other case the chargeback quantity might be borne by the Seller.
Refunds
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Tistalents doesn’t mechanically refund funds made for cancelled orders again to your cost supplier. Funds from order cancellations are returned to the Buyer’s Tistalents Balance and can be found for future purchases on Tistalents. Until January 1, 2019, funds returned to your Tistalents Balance from cancelled orders is not going to include service charges paid. As of January 1, 2019, Tistalents returns service charges to your Tistalents Balance as soon as an order is cancelled. In any occasion, if the service charges weren’t returned to your Tistalents Balance following an order cancelation, such service charges’ quantity might be exempted out of your subsequent buy on Tistalents.
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Deposit refunds (i.e. refunds on to your cost supplier) might be carried out by our Customer Support staff, based mostly on the Order’s unique cost quantity and foreign currency. To stop fraud and abuse, we limit the full quantity of occasions customers can request a cost supplier refund, which is topic to overview by our Customer Support staff. Such refunds could also be topic to a further payment.
Part 6: Logo Maker & IP
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 name.
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.
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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 further warrant that such design was by no means bought earlier than to anyone and that you’ll not supply it on the market outdoors of Tistalents Logo Maker.
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We could use automated techniques that analyze your uploaded Logo Design to assist detect and forestall infringement or different unlawful content material.
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We could limit 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 payment, 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 name for any function, aside from any unlawful, immoral or defamatory function. There is no 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.
Part 7: 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 engage by way of orders, social media, and on Tistalents’ Community Forums.
Tistalents maintains a friendly, 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.
Basics
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To defend our customers’ privateness, consumer identities are stored nameless. Requesting or providing 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.
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Any needed trade of private data required to proceed a service could also be exchanged inside the Order Page.
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Tistalents doesn’t present any guarantee of the extent of service supplied to Buyers. You could use the dispute decision instruments supplied to you within the Order Page.
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Tistalents doesn’t present safety for customers who work together outdoors of the Tistalents platform.
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All data and file exchanges should be carried out solely on Tistalents’ platform.
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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.
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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.
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Users could not submit proposals or solicit events introduced by way of Tistalents to contract, engage with, or pay outdoors of Tistalents.
Orders
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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.
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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
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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).
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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.
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Tistalents will respond 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 across 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 receive 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 address and shall be displayed for such consumer on the Site. Warnings don’t limit 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
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Adult Services & Pornography – Tistalents doesn’t enable any trade of grownup oriented or pornographic supplies and companies.
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Inappropriate Behavior & Language – Communication on Tistalents ought to be friendly, constructive, and professional. Tistalents condemns bullying, harassment, and hate speech in the direction of others.
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Phishing and Spam – Members’ safety is a prime priority. Any makes an attempt to publish or ship malicious content material with the intent to compromise one another member’s account or pc surroundings is strictly prohibited. Please respect our members privateness by not contacting them with provides, questions, solutions or anything which isn’t instantly associated to their Services or orders.
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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 further 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 engage and talk off of Tistalents is not going to be protected by our Terms of Service.
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Authentic Tistalents Profile – You could not create a false identification on Tistalents, misrepresent your identification, create a Tistalents profile for anyone 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 accurate and full and is probably not deceptive, unlawful, offensive or in any other case dangerous. Tistalents reserves the right to require customers to undergo a verification course of with a view to use the Site.
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Intellectual Property Claims – Tistalents will respond to clear and full notices of alleged copyright or trademark infringement, and/or violation of third social gathering’s phrases of service.
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Fraud / Unlawful Use – You could not use Tistalents for any illegal functions or to conduct unlawful actions.
Abuse and Spam
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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.
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Targeted Abuse – We don’t tolerate customers who engage 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.
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Selling Accounts – You could not purchase or promote Tistalents accounts.
Proprietary Restrictions
The Site, together with its normal structure, feel and look, 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 specifically 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 engage in any guide course of to do the same, (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) access or use the Site in any means not expressly permitted by these Terms of Service. Users additionally agree to not allow or authorize anyone 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 action(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 protect 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 specifically 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.
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 offering 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 payment for the Services, and the supply is probably not used if payment 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 buy 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.
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.
Part 8: General Terms and Legal Limitations
General Terms
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Tistalents reserves the right 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.
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Violation of Tistalents’ Terms of Service and/or our Community Standards could get your account disabled completely.
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Users with disabled accounts will be unable to promote or purchase on Tistalents.
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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.
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Users have the choice to allow account Security options to protect their account from any unauthorized utilization.
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Users should be capable to confirm their account possession by way of Customer Support by providing supplies that show possession of that account.
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Disputes ought to be dealt with utilizing Tistalents’ dispute decision instruments (‘Resolution Center’ on the order web page) or by contacting Tistalents Customer Support.
Modifications
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Tistalents might make modifications to its Terms of Service and Payment Terms every now and then. When these modifications are made, Tistalents will make a brand new copy of the phrases obtainable on this web page.
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You perceive and agree that if you happen to use Tistalents after the date on which the Terms of Service and Payment Terms have changed, Tistalents will deal with your use as acceptance of the up to date Terms.
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.
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.
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.
IN ACCEPTING LIABILITY AS THE LIMITED AUTHORIZED PAYMENT COLLECTION AGENT OF SELLER, TISTALENTS AND ITS AFFILIATES ASSUME NO LIABILITY FOR ANY ACTS OR OMISSIONS OF SELLER.
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, straight or not directly, controls, or is below the management of, or is below widespread management with Tistalents, the place management means having greater than fifty p.c (50%) voting inventory or different possession curiosity or most voting rights of such entity.
Tistalents Master Terms of Service & Payment Terms
Welcome to tistalents.com.
The following terms of service (these “Terms of Service”) and payment terms (these “Payment Terms”) govern your access to and use of www.tistalents.com and the Tistalents mobile application (collectively, the “Site”), as well as any content, functionality, services, and funds you make or obtain by way of these platforms operated by Tistalents Ltd. (Plot 104 Zone 2, Finima, Bonny, Rivers, Nigeria) and its affiliates, as applicable. “We” or “us” refers to Tistalents Ltd. and its subsidiaries collectively, while “you” or “user” refers to you as a user of the Site.
Tistalents processes card funds from Nigeria and the world at large. Please read these Terms carefully before making or receiving funds, or beginning to use the Site. By using the Site, creating an account, or clicking to accept these Terms when this option is made available to you, you accept and agree on behalf of yourself or your employer or another entity (if applicable) to be bound and abide by this consolidated Master Agreement. You further agree that you have read and comprehended our privacy statement. You must not access or use the Site if you do not want to accept these Terms or the Privacy Policy.
This Site is offered and available to users who are at least 18 years of age and of legal age to form a binding contract. If you are under 18 and at least 13 years of age, you are only permitted to use the Site through an account owned by a parent or legal guardian with their appropriate permission. If you are under 13 you are not permitted to use the Site or the Tistalents services. By using the Site, you represent and warrant that you meet all of the foregoing eligibility requirements.
Our Customer Support team is available 24/7 if you have any questions regarding the Site or Terms. The original language of these Terms, as well as all other texts throughout the Site, is English. In case of conflicts between the original English version and any translation, the English version shall prevail.
Key Terms
Buyers are users who purchase services on Tistalents.
Business Account is a collaborative Buyer account, created by way of Tistalents Business.
Business Account Team Member or Team Member is any user that is invited or uses a Business Account.
Custom Offers are exclusive proposals that a Seller can create in response to specific requirements of a Buyer.
Custom Orders are requests made by a Buyer to receive a Custom Offer from a Seller.
Logo Design is an original design for a logo uploaded by a Seller by way of the Tistalents Logo Maker.
Logo Maker is the automated logo design tool provided by Tistalents to users as further explained in these Terms.
Order Page is where Buyers and Sellers communicate with each other in connection with an ordered Services.
Orders are the formal agreements between a Buyer and Seller after a purchase was made from the Seller’s Services Page.
Payment Services Provider(s) are service providers that provide payment services to Buyers and Sellers in connection with the Tistalents platform, together with collection of funds from Buyers, remittance and withdrawal of funds to Sellers, currency exchange services, and the holding of funds in connection with Tistalents Balances.
Revenue is the money that Sellers earn from completed orders and can either withdraw or use to purchase on Tistalents.
Sellers are users who offer and perform services by way of Services or by way of the Logo Maker on Tistalents.
Services® / Services® are services offered on Tistalents.
Services® Extras are additional services offered on top of the Seller’s Services for an additional price defined by the Seller.
Services® Packages allow Sellers to offer services in different formats and prices. Packages can include upgrades, which lets Sellers price their service for a basic price of over $5.
Services® Page is where the Seller can describe their Services and the Services’ terms, and the Buyer can purchase the Services and create an order.
Tistalents Balance is the aggregated amount of your Revenue as a Seller and/or returned funds from cancelled orders as a Buyer and/or your Tistalents Business Balance.
Overview (Main terms, in a nutshell)
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Only registered users may buy and sell on Tistalents. Registration is free. In registering for an account, you agree to provide us with accurate, complete, and updated information and must not create an account for fraudulent or misleading purposes. You are solely responsible for any activity on your account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your account.
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Services on Tistalents may be offered at a base starting price of $5. Some Services are offered at a base price of more than $5 as determined by the Seller.
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Buyers pay Tistalents in advance to create an order.
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Orders are purchased through the Order button found on a Seller’s Services page or through a Custom Offer.
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Sellers must fulfill their orders, and may not cancel orders on a regular basis or without cause. Cancelling orders will affect Sellers’ reputation and status.
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Sellers gain account statuses (Levels) based on their performance and reputation. Advanced levels provide their owners with benefits, including offering services for higher prices through Services Extras, or selling their Services in multiples.
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Users may not offer or accept payments using any method other than placing an order through Tistalents.com.
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When purchasing a Services, Buyers are granted all rights for the delivered work, unless otherwise specified by the Seller on their Services page.
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Tistalents retains the right to use all published delivered works and Logo Designs for Tistalents marketing and promotion purposes.
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Users undertake to comply with Tistalents’ Community Standards, which are a set of behavior rules and guidelines applicable to the Tistalents community and marketplace.
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Tistalents offers its users the Logo Maker, which allows certain Sellers to offer various original logo designs for Buyers to adjust and customize per their own specific needs, using special automated design tools. Through the Logo Maker, Buyers purchase full commercial use rights to the Logo Design embedded with their brand name.
Part 1: Sellers
Basics
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Sellers create Services on Tistalents to allow Buyers to purchase their services.
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Sellers may also offer Custom Offers to Buyers in addition to their Services.
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Each Services you sell and successfully complete, accredits your account with a revenue equal to 80% of the purchase amount.
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Tistalents accredits Sellers once an order is completed.
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Sellers may not promote their Services or any Tistalents content via the Google Ads platform.
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The Seller’s rating is calculated based on the order reviews posted by Buyers or Business Account Team Members. High ratings allow Sellers to obtain advanced Seller levels. Exceedingly low ratings may lead to the suspension of the Seller’s account.
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For security concerns, Tistalents may temporarily disable a Seller’s ability to withdraw revenue to prevent fraudulent or illicit activity.
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Sellers are responsible for obtaining a general liability insurance policy with coverage amounts that are sufficient to cover all risks associated with the performance of their services.
Services®
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Sellers are allowed to post a select amount of active Services based on their Level status:
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7 Services for Sellers without a Level status.
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10 Services for Level 1 Sellers.
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20 Services for Level 2 Sellers.
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30 Services for Top Rated Sellers.
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Services created on Tistalents are User Generated Content.
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Services and/or users may be removed by Tistalents from the Site for violations of these Terms of Service and/or our Community Standards, which may include (but are not limited to) the following violations and/or materials:
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Illegal or Fraudulent services
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Copyright Infringement, Trademark Infringement, and violation of a third party’s terms of service
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Adult oriented services, Pornographic, Inappropriate/Obscene
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Intentional copies of Services
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Spam, nonsense, or violent or deceptive Services
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Services misleading to Buyers or others
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Reselling of regulated goods
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Offering to prepare academic works on behalf of Buyers
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Exceedingly low-quality Services
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Promoting Tistalents and/or Tistalents Services through activities that are prohibited by any laws, regulations, and/or third parties’ terms of service, as well as through any marketing activity that negatively affects our relationships with our users or partners.
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Services that are removed for violations mentioned above, may result in the suspension of the Seller’s account.
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Services that are removed for violations are not eligible to be restored or edited.
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Services may be removed from our Search feature due to poor performance and/or user misconduct.
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Services may include pre-approved website URLs contained within the Services description and requirements box. Services containing websites promoting content, which violates Tistalents’ Terms of Service and/or our Community Standards, will be removed.
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Services are required to have an appropriate Services image related to the service offered. An option to upload two additional Services images are available to all Sellers. Sellers must deliver the same quality of service as shown on their Services images.
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Services may contain an approved Services Video uploaded through the Services management tools.
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Statements on the Services Page that undermine or circumvent these Terms of Service is prohibited.
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Eligible Services in select Categories may set up Services Packages to offer their services in structured formats with multiple price points.
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Certain categories are available only to Pro Sellers to create Services. If you are not a Pro Seller, creating a Services for services available to Pro only may result in removal of your Services.
Services® Extras
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Services Extras are additional services offered on top of the Seller’s Services for an additional price defined by the Seller.
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Services Extras may be removed for violations of our Terms of Service and/or our Community Standards. Services are subject to be removed due to violations found in Services Extras.
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The amount of Services Extras, which can be offered, and the price for each Services Extra, is based on your Seller Level.
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Services offered through Services Extras must be related to the base service and part of the deliverables on the Order.
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Services Extras may cover different categories of services that are components to a higher quality delivered service.
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Sellers have the option to extend the duration of an Order for each Services Extra that is added to the Order.
Levels
Tistalents is all about helping Sellers leverage their skills. We seek to empower top performing Sellers with helpful tools to grow their business. Sellers who invest in self-promotion may achieve greater customer satisfaction. And, if they deliver on time and maintain high quality and ratings, Tistalents may reward them with new statuses, special opportunities, benefits, and tools that come with it.
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Tistalents Sellers can gain account Levels based on their activity, performance, and reputation.
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Advancement in Levels are updated periodically by an automated system.
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The current Levels a Seller can achieve are Level 1, 2, and Top Rated.
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Sellers who cannot maintain their high-quality service, experience a severe drop in ratings, or stop delivering on time risk losing their Seller status and the benefits that come with it.
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Advanced levels provide their owners with additional benefits, including offering Services for higher prices through Services Extras, or selling their Services in multiples.
Top Rated Sellers
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Top Rated Sellers are chosen manually by Tistalents editors through an ongoing review process based on seniority, volume of sales, extremely high ratings, exceptional customer care, high order completion rate and community leadership. Top Rated Sellers gain access to more extensive features than previous levels, including exclusive access to beta features and VIP support.
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Top Rated eligibility is constantly evaluated by Tistalents to ensure that the quality standards and expectations of the Top-Rated selection is kept. Tistalents retains the right to change a Top-Rated Seller status in light of such evaluation.
Pro Sellers
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Pro Sellers are pre-verified professionals who undergo a vetting process by Tistalents editors. Applying for Tistalents Pro is open to everyone: professional freelancers who are new to Tistalents, as well as existing Tistalents Sellers.
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Pro Sellers eligibility is constantly evaluated by Tistalents to ensure that the quality standards and expectations of the Pro Seller selection is kept.
Tistalents Business Catalogue
Tistalents Business is a freelance platform tailored for larger teams and businesses. Sellers on the Tistalents Business catalogue are required to comply with certain professional standards. Eligible Sellers whose Services are included in the Tistalents Business catalogue will be regularly evaluated by Tistalents to ensure their high-quality professionalism is kept. Tistalents reserves the right to remove Sellers and Services from the Tistalents Business catalogue.
Seller Features
Custom Offer
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Sellers can also send Custom Offers addressing specific requirements of a Buyer.
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Custom Offers are defined by the Seller with the exact description of the service, the price and the time expected to deliver the service.
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Custom Offers are sent from the conversation page.
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Services provided through Custom Offers may not violate Tistalents’ Terms of Service and/or our Community Standards.
Project Milestones
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Services and Custom Offers above $100 may include up to six project milestones, the minimum amount for each milestone is $50 and the project should include at least two milestones. Each milestone is paid and delivered separately in accordance with each Services or Custom Offer’s description and timelines.
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Once a milestone is delivered and marked as completed, Buyers may choose to either continue with the Order and pay for the next milestone, or to stop the Order. If Buyer does not pay for the next milestone within 10 days of acceptance of previous milestones, the Order under the next milestones will not start. A milestone will be automatically marked as complete if no acceptance or request for modification were submitted within 8 days after being marked as Delivered, however, in such case all further milestones will not start.
Services Subscription
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Sellers may offer Buyers a fixed term subscription for a specific Services (the “Services Subscription”). During the Services Subscription term, Seller will deliver one Order of the same Services on a recurring basis, as agreed between the Seller and Buyer.
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Buyers may cancel future Orders under the Services Subscription before payment is made for such future Orders. Once payment is made, Tistalents’ Order Cancelation policy under the Payment Terms will apply.
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Sellers may cancel the Services Subscription up to 10 days before the next consecutive Order.
Tistalents Studios
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A Tistalents Studio allows certain Sellers to collaborate with each other and offer Buyers a multi-service Services (a “Studio Services”).
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Studio Lead: Certain chosen Sellers may lead and operate Tistalents Studios as Studio Leads. Studio Leads are chosen manually by Tistalents editors. The Studio Lead is responsible for inviting all Studio Members and managing all incoming Orders, from communicating with the Buyer, through handling any required revisions and until the final delivery. The Studio Lead can also remove Studio Members from Studio Services at any time.
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Studio Members: A Studio Lead can invite other Sellers who were also chosen by Tistalents to be eligible for Studios collaboration (each, a “Studio Member”) to join their Studio Services and be assigned to a specific service.
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Studio Services: A Studio Services provides a bundle of services (from two services and up to five) within one Services. A Studio Services’ minimum price is US$100. As Studio Services is comprised of several services, every service includes its own pricing, pricing factors, and a Studio Member / Lead that is accountable for such service.
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Limitations: Each Tistalents Studio has one Studio Lead. Similarly, a Studio Lead may not operate more than one Tistalents Studio. A Tistalents Studio can offer up to five Studio Services, each comprised of up to four Studio Members in addition to the Studio Lead.
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Studio Services Reviews: Studio Services Buyers can leave a public review on the Studio Services as if it were a regular Services.
Tistalents Anywhere
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Tistalents Anywhere is a feature that allows Sellers to send Custom Offers outside of Tistalents.
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Services offered through Tistalents Anywhere must comply with our Terms of Service and our Community Standards.
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Users accessing and purchasing from a Tistalents Anywhere offer that are not already members of Tistalents, will be required to register with Tistalents to create an Order.
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Sellers are required to deliver proof of completion of services in the Order Page.
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Communication for handling Orders should be performed on Tistalents, through the Order Page. Users who engage and communicate off of Tistalents will not be protected by our Terms of Service.
Stock Media
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Eligible Services have the option to use Stock Media.
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Sellers earn 20% of the fees charged directly for the Stock Media.
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Important: Each selected Stock Media is authorized for a one time use. The selected media is integrated with the delivered work only and not as a stand-alone or for recurring use. Sellers are unauthorized to share the original image file with the Buyer or any third party. In addition, Stock Media is governed by special license terms, which are set forth by Shutterstock.
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Important: If you cancel an Order that includes a Stock Media, the usage of that Stock Media will be cancelled as well and you will no longer be able to use the Stock Media Extra on the same Order.
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Please note that Stock Media is available for purchase by everyone and is not owned exclusively by the Buyer.
Shipping Physical Deliverables
Some of the services on Tistalents are delivered physically (arts and crafts, collectable items, etc.). For these types of Services, Sellers may decide to define a shipping pricing factor.
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Services that include a shipping pricing factor must have physical deliverables sent to Buyers.
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Shipping costs added to a Services only pertains to the cost Sellers require to ship physical items to Buyers.
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Important: Buyers who purchase Services that require physical delivery, will be asked to provide a shipping address.
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Sellers are responsible for all shipping arrangements once the Buyer provides the shipping address.
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Tistalents does not handle or guarantee shipping, tracking, quality, and condition of items or their delivery and shall not be responsible or liable for any damages or other problems resulting from shipping.
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A tracking number is a great way to avoid disputes related to shipping. We require entering the tracking number if available in the Order Page when delivering your work.
Part 2: Buyers
Basics
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You may not offer direct payments to Sellers using payment systems outside of the Tistalents platform.
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Tistalents retains the right to use all publicly published delivered works for Tistalents marketing and promotional purposes.
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Buyers may request a specific service from the Post a Request feature. Services requested on Tistalents must be an allowed service on Tistalents. Users should refrain from using the Post a Request feature for any purpose other than looking for services on Tistalents.
Part 3: Purchasing and Payment Terms
Receiving Payments
General
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Each Gig you sell and successfully complete, accredits your account with revenue equal to 80% of the purchase amount.
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Each Logo Design you sell by way of the Logo Maker accredits your account with revenue equal to 80% of the basic logo package price and 20% of the margin on top of the basic logo package price.
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Tistalents accredits Sellers once an order is completed.
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If an order is cancelled (for any reason), the funds paid might be returned to the Buyer’s Tistalents Balance.
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Sellers are accountable for paying any direct or indirect taxes, together with any GST, VAT or income tax, which can apply to them depending on residency, location or otherwise, under provisions of their jurisdiction. Sellers signify and warrant that they comply, and can always comply, with their obligations under income tax provisions of their jurisdiction. The price shown on the Gig page or on the Logo Maker order page is inclusive of all such taxes and costs that will apply to the Sellers.
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Appointment as Limited Payment Collection Agent: Seller hereby appoints Tistalents as Seller’s restricted approved payment assortment agent solely for the aim of accepting funds (through its Payment Services Provider, if relevant) from Buyer, and remitting these funds to Seller. Seller agrees that payment from Buyer to Tistalents shall be thought-about the same as a made on to Seller. Buyer’s payment obligation to Seller might be glad upon receipt of payment by Tistalents (or its Payment Services Provider, as relevant), and Tistalents is accountable for remitting the funds to the Seller within the method described in these Payment Terms. If Tistalents does not remit any such quantities to Seller, the Seller can have recourse solely towards Tistalents and never the Buyer straight.
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Tistalents companions with Payment Services Providers for functions of gathering funds from Buyers, transferring such funds from Buyers to Sellers, and holding funds in reference to Tistalents Balances. All funds providers in reference to the withdrawal of funds on the Tistalents platform are carried out by Tistalents’ Payment Services Providers.
Withdrawing Revenues
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To withdraw your income, you need to have an account with not less than one of Tistalents’ Payment Service Providers for the withdrawal strategies listed under. All funds eligible for Withdrawal might be held in your behalf at an account with Tistalents’ Payment Services Provider.
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Your Tistalents profile might be related to just one account from every Tistalents withdrawal method. A Payment Service Provider withdrawal account might be related to just one Tistalents profile.
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Revenues are solely made obtainable for withdrawal from the Revenue web page following a security clearance interval of 14 days after the order is marked as full. Top Rated Sellers are eligible to withdraw income following a security clearance interval of 7 days after the order is marked as full. For Tistalents Studio Members, the security clearance interval relies on the Studio Lead’s Level Status or classification.
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Sellers might withdraw their revenues utilizing one of Tistalents’ withdrawal choices. To withdraw your obtainable income, you need to click on on the designated withdrawal supplier to initiate the withdrawal course process.
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For safety considerations, Tistalents might quickly disable a Seller’s capacity to withdraw income to forestall fraudulent or illicit exercise. This might come in consequence of safety points, improper behaviour reported by different customers, or associating a number of Tistalents accounts to a single withdrawal supplier.
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Withdrawals can solely be made within the quantity obtainable to you.
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Withdrawal charges range depending on the withdrawal method.
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Withdrawals are closing and can’t be undone. We won’t be able to reverse this course of as soon as it has begun.
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In sure circumstances, Sellers might withdraw Revenues in a number of completely different currencies. All foreign currency exchange services in reference to such withdrawals are carried out by Tistalents’ Payment Services Providers. Your Tistalents Balance is all the time derived from its US$ worth and, due to this fact, the native currency quantity of your Tistalents Balance might change day by day in accordance with alternate charge fluctuations and likewise contains conversion charges. Sellers all the time have the choice to withdraw Revenues in US$.
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Sellers will have the ability to withdraw their revenues from disabled accounts after a security interval of 90 days following full verification of possession of the account in query, from the day of the final cleared payment acquired of their account and topic to Tistalents’ approval.
Withdrawal Methods
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Withdraw to your PayPal Account – US$0 Fee*. For a listing of PayPal providers by country click here.
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Tistalents Revenue Card™ – US$1 Fee* inside 2 days, or US$3 Fee* inside 2 hours. Available worldwide, apart from India and Russia.
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Local Bank Transfer (LBT) – US$3 per switch*. Available worldwide.
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Direct Deposit (ACH) – US$1 per switch*. Available solely within the US.
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Additional charges might apply based mostly in your location and currency.
Purchasing
General
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Buyers pay Tistalents to create an order from a Seller’s Gig web page or Custom Offer, utilizing the Order Now button or by way of the Logo Maker. Tistalents companions with Payment Services Providers for functions of gathering all funds from Buyers, transferring such funds from Buyers to Sellers, and holding funds in reference to Tistalents Balances.
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Tistalents serves as Seller’s restricted approved payment assortment agent solely for the aim of accepting funds (through its Payment Services Provider, if relevant) from Buyer, and remitting these funds to Seller.
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In most places, purchases on Tistalents might be made through the use of one of the next payment strategies: Credit Card, PayPal, Tistalents Credits or present Tistalents Balance. Additional payment strategies might apply in sure places.
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Service charges are added on the time of buy the place you may overview and settle for the full quantity requested to pay. These charges cowl administrative charges. As of March 2021, the service charges are 5.5% of the acquisition quantity. For purchases below US$50 a further US$2 small order payment might be utilized.
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Your present Tistalents Balance might be mechanically utilized to your subsequent buy.
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You might not supply Sellers to pay, or make payment utilizing any method aside from by way of the Tistalents.com website. In case you’ve gotten been requested to make use of an alternate payment method, please report it instantly to Customer Support.
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You comply with obtain invoices and/or payment receipts from Tistalents in digital type as PDF paperwork, by electronic mail or by way of the Site.
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To defend towards fraud, unauthorized transactions (equivalent to cash laundering), claims, or different liabilities, payment info in reference to withdrawals is collected by either Tistalents or Tistalents’ Payment Services Providers. Payment Services Providers may additionally acquire such different info as vital for the aim of processing withdrawal funds. Tistalents is just not uncovered to the payment info offered to Payment Services Providers, and this info is topic to the privateness coverage relevant to the Payment Service Provider.
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By utilizing any payment method and/or offering payment particulars for making purchases on Tistalents, you signify and warrant that: (a) you’re legally approved to offer such info; (b) you’re legally approved or have permission to make funds utilizing the payment method(s); (c) in case you are an worker or agent of an organization or individual that owns the payment method, you’re approved by that firm or particular person to make use of the payment method to make funds on Tistalents; and (d) such actions don’t violate any relevant regulation.
Purchasing by way of Tistalents Logo Maker
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All Logo Designs have a hard and fast US$ worth and might be bought both within the basic emblem package deal or in further packages as indicated within the Logo Design order web page.
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Before finishing an order, it is possible for you to to preview a watermarked model of the Logo Design embedded along with your model identify, and to additional modify the Logo Design utilizing the enhancing instruments. Once payment has been made, orders of Logo Designs is probably not cancelled.
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In addition to the Logo Design you choose, you should buy a package deal that means that you can create a number of Logo Design variations with the Logo Maker’s enhancing software. When buying a package deal that provides the Logo Maker’s enhancing software, we grant you a remunerable, non-exclusive, non-transferable, non-sublicensable, and personalised proper to access the Logo Maker’s enhancing software for the aim of enhancing the Logo Design you chose. Please be aware that reselling the Logo Design and/or Logo Design variations is forbidden and should end in restrictions to your account. Tistalents reserves the right to offer you usually obtainable updates to the enhancing software and/or terminate the service at its sole discretion. You may also buy redesign providers from the Seller who created the Logo Design. The worth of such redesign providers is set by the Seller and a service payment might be charged solely for the extra redesign providers. For cancellations of emblem redesign providers, please seek advice from the “Disputes and Cancellations” part under.
Local Currencies
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You pays on Tistalents in a number of completely different currencies. For your comfort, costs might be rounded as much as the nearest quantity. At checkout, you will notice the correct quantity to be paid. Unless acknowledged in any other case, you can be charged within the currency displayed on the payment web page. All foreign currency exchange services in reference to funds in native currencies are carried out by Tistalents’ Payment Services Providers. In sure circumstances, nevertheless, when sure currencies usually are not supported by sure payment strategies, you can be charged in US$ even when the value is displayed in one another currency. In any occasion, the precise charged quantity (within the precise payment currency) might be clearly disclosed to you earlier than you full the payment.
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Note that each one costs on Tistalents are derived all the time from their unique US$ worth and, due to this fact, non-US$ currency costs might change day by day in accordance with alternate charge fluctuations and may additionally include conversion charges. Buyers all the time have the choice to pay in US$ by altering their currency.
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If you paid for an Order in a currency aside from US$ and your Order was later cancelled for any purpose, the quantity returned to your Tistalents Balance can be based mostly on the alternate charge as of the date of cancellation. Therefore, the returned quantity might range from the paid quantity in native currency terms, while all the time sustaining the same US$ worth.
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Your Tistalents Balance is all the time valued in US$, even whether it is displayed in a non-US$ currency. Therefore, must you choose to view your Tistalents Balance in any currency aside from US$, it might change day by day in accordance with alternate charge fluctuations, while all the time sustaining the same US$ worth. Users all the time have the choice to view their Tistalents Balance in US$ by altering their chosen displayed currency.
Tistalents Credits
In sure situations, Tistalents might give you credit (“Tistalents Credits” or “Credits”), both for promotional functions or in any other case, for use for buying Gigs and/or different providers provided on the Site. Your obtainable Credit stability will seem in your account. Your legitimate Tistalents Credits might be mechanically utilized to your subsequent buy and might be seen in your order abstract after you place the order. Unless acknowledged in any other case, Tistalents Credits expire following three months from their receipt. Tistalents Credits serve solely as an incentive to make use of Tistalents, and, due to this fact, usually are not redeemable for money, haven’t any money worth and are nonrefundable. Once used, Tistalents Credits is probably not returned to your account even when your Order will get cancelled. Tistalents Credits could also be topic to further circumstances and restrictions as might be disclosed to You upon receipt of the Credits. Credits could also be voided within the occasion of fraud, misuse, or violation of these Terms. Tistalents reserves the right to change or cancel the Tistalents Credits program at any time. If you or Tistalents deactivate or droop your Tistalents account, any unused Tistalents Credits in your account might be forfeited.
Promo Codes
From time to time we might give you promo codes for buying Gigs and/or different providers provided on the Site, on particular reductions. Promo Codes are legitimate just for purchases on Tistalents and are topic to completely different time limitations and can expire after their predefined time period. To train your promo code, merely enter the code on the checkout web page. If you fail to take action, your buy is not going to be eligible for the low cost. Promo codes are restricted to at least one use per consumer and is probably not used or mixed with another promotion. For orders which are composed of a number of milestones, the promo code will apply to the primary milestone solely. Promo Codes don’t apply to Tistalents Credits. Promo codes could also be topic to further circumstances and restrictions as might be disclosed to you upon receipt of the promo codes. Promo codes could also be voided within the occasion of fraud, misuse, or violation of the Terms of Service. Tistalents reserves the right to change or cancel promo codes at any time.
Taxes
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Tistalents could also be required by relevant legal guidelines to cost customers with oblique taxes (equivalent to Sales Tax, VAT or GST) or to withhold taxes. Any quantity Tistalents might be required to gather might be along with the acquisition quantity and another charges payable by the Buyer, and any quantity Tistalents might be required to withhold might be deducted from the Seller’s income, as required by relevant legal guidelines.
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Indirect taxes are along with the value shown on the location, and in any occasion, any such taxes will all the time be exhibited to the Buyer earlier than payment. Users are accountable for paying any direct or oblique taxes, together with any GST, VAT, or revenue tax, which can apply to them depending on residency, location or in any other case, below provisions of their jurisdiction.
Part 4: Orders, Handling, and Reviews
Basics
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Once cost is confirmed, your order shall be created and given a singular Tistalents order quantity (#FO).
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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.
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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.
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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.
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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.
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Orders by way of the Logo Maker are accomplished as soon as cost is made by the Buyer.
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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.
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Buyers could purchase a Services Subscription, if obtainable on the Seller’s Services web page. During the Services Subscription time period, a brand new Order of the same Services shall be routinely created on a recurring basis, 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.
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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 guarantee the habits, conduct, safety, 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.
Handling Orders
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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.
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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.
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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.
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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.
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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
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Feedback critiques supplied by Buyers whereas finishing an Order are a vital half of Tistalents’ ranking system. Reviews exhibit the Buyer’s total experience with the Sellers and their service. Buyers are encouraged to speak to the Seller any considerations skilled throughout their energetic order regarding the service provided by the Seller.
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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.
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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.
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Feedback feedback given by Buyers are publicly displayed on a Seller’s Services web page.
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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.
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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.
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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.
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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.
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Sellers could not solicit the removing of suggestions critiques from their Buyers by way of mutual cancellations.
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Once the Buyer submits his/her evaluation, the Seller will receive 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.
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Once each Seller and Buyer have accomplished their critiques, or the ten days have passed, all posted critiques are made public.
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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.
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Feedback critiques are unavailable for orders made by way of the Logo Maker.
Part 5: Disputes and Cancellations
We encourage our Buyers and Sellers to try to settle conflicts amongst themselves. If for any purpose this fails after utilizing the Resolution Centre or in case you encounter non-permitted utilization on the Site, customers can contact Tistalents’ Customer Support division for help.
Basics
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Order cancellations might be carried out on Tistalents, when eligible, by Customer Support or by way of the Resolution Centre per order.
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Filing a transaction dispute or reversing a cost by way of your cost supplier or your financial institution is a violation of these Payment Terms. Doing so might get your account quickly or completely disabled. Note: Once you’ve gotten filed a dispute along with your cost supplier, the funds might be ineligible for a refund as a consequence of our obligations in direction of the cost supplier.
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In the occasion that you simply encounter a problem associated to the service offered in an order, you’re encouraged to make use of the Site’s dispute decision instruments to try to resolve the matter.
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Tistalents, by way of its Payment Services Provider, reserves the right to cancel orders or place funds on maintain for any suspected fraudulent transactions made on the Site.
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All switch and project of mental property to the Buyer shall be topic to full payment and the supply is probably not used if payment is cancelled for any purpose.
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If an order is cancelled (for any purpose), the funds paid might be returned to the Buyer’s Tistalents Balance.
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Revisions to deliveries might be carried out by Sellers based mostly on the Seller’s Gig and buyer care. Sellers might decide the quantity of revisions they want to supply, together with no revisions.
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Requests for revisions might be carried out by way of the Order Page whereas the order is marked as Delivered.
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Requesting to achieve extra providers from Sellers past the agreed necessities through the use of the Request Revisions button is just not allowed.
Order Cancellations
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Tistalents encourages Buyers and Sellers to resolve service disputes mutually utilizing the Resolution Centre.
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Eligibility for requests to Tistalents to cancel an order might be assessed by our Customer Support staff based mostly on a quantity of elements, together with violations of our Terms of Service and/or our Community Standards, common misconduct, and improper utilization of the Tistalents supply system. See under for Order particular eligibility.
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Completed orders (or, the place relevant, accomplished milestones) could also be cancelled, upon overview of our Customer Support staff, as much as 14 days after the order (or Milestone) is marked as full. Please be suggested that orders can’t be partially cancelled (i.e. we are able to solely cancel your entire order when it’s justified).
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In uncommon circumstances the place we discover it applicable, our Customer Support staff might cancel a accomplished order even after 14 days have passed from its completion. In such circumstances, the quantities paid for the cancelled order might be returned to the Buyer’s Tistalents Balance and might be deducted from the Seller’s Tistalents Balance or, if there aren’t any adequate quantities within the Seller’s Tistalents Balance, from future revenues of such Seller.
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For orders made by way of the Tistalents Logo Maker, as soon as cost has been made, orders of Logo Designs is probably not cancelled.
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Orders usually are not eligible to be cancelled based mostly on the standard of service/supplies delivered by the Seller if the service was rendered as described within the Gig Page. You might charge your experience with the Seller on the Order Page, together with the general stage of service high quality acquired.
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You should use Tistalents Resolution Centre to handle your considerations and desired decision associated to the service offered by their Seller previous to contacting Customer Support. Customer Support is not going to take any action towards Orders the place the relevant has failed to tell their Seller of points associated to the Seller’s service and can permit Sellers to offer a decision first. This doesn’t include non-permitted utilization of Tistalents.
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Any non-permitted utilization of Tistalents encountered throughout an Order, after being reviewed by our Customer Support staff, might consequence within the order being cancelled. This includes, however not limited to; harassment, illegal behaviour, or different violations of Tistalents’ Terms of Service.
Tistalents Customer Support will cancel orders based mostly on, however not limited to, the next reasons:
Active orders (after necessities had been submitted to the Seller and earlier than the Seller delivers on Tistalents):
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The Seller is late and unresponsive for greater than 24 hours whereas the order is marked as Late.
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Users are abusive in direction of the opposite celebration by way of threats of low scores or leveraging order supplies (equivalent to logins, private info) towards one another.
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Users provided or included copyright/trademark infringing supplies as half of their necessities or the Seller’s supply.
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The consumer is not an energetic Tistalents consumer as a consequence of Terms of Service violations or closure of their account.
Delivered Orders (after the Seller clicks Deliver Now and earlier than the order is marked as full):
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The Seller makes use of the Delivery system to increase the supply due date to finish the requested service with out offering the ultimate delivered service. Note: Multiple reported offenses will end in everlasting suspension of your account.
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The Seller delivers no information and/or proof of work associated to the agreed upon order necessities. Note: Subjectivity of the supplies in query might be reviewed by our Customer Support staff.
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The Seller requests further funds, on or off the Tistalents platform, by withholding the ultimate supply of providers straight associated to the agreed necessities.
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The Seller is withholding the ultimate supply of providers for improved scores.
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Users who abuse the Request Revisions button to achieve extra providers from Sellers past the agreed necessities.
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Users who threaten to go away a dangerous overview to achieve extra providers from the Seller not associated to the agreed necessities.
Completed Orders (after the order is marked as full and earlier than the 14-day limitation):
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Users who’ve been reported to make use of copyright/trademark infringing supplies after verification and with proof.
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Users who didn’t buy industrial use rights and are reported to have used the supplies commercially. Note: Terms of Commercial use are discovered on the Seller’s Gig Page and can’t be retroactively included as soon as the order is accomplished for over 14 days.
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Tistalents Customer Support will overview circumstances of Order supply manipulation that forestalls customers from absolutely using our Resolution Centre that enabled the order to be marked as full.
Chargebacks
Tistalents critiques circumstances of cost supplier chargebacks and disputes on behalf of Sellers. Although outcomes range per case as a consequence of every chargeback purpose, we work hard on resolving disputes within the Seller’s favour. If the chargeback case permits, Tistalents (or one of Tistalents’ Payment Services Providers) will return elements or full income again to Sellers, in any other case the chargeback quantity might be borne by the Seller.
Refunds
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Tistalents doesn’t mechanically refund funds made for cancelled orders again to your cost supplier. Funds from order cancellations are returned to the Buyer’s Tistalents Balance and can be found for future purchases on Tistalents. Until January 1, 2019, funds returned to your Tistalents Balance from cancelled orders is not going to include service charges paid. As of January 1, 2019, Tistalents returns service charges to your Tistalents Balance as soon as an order is cancelled. In any occasion, if the service charges weren’t returned to your Tistalents Balance following an order cancelation, such service charges’ quantity might be exempted out of your subsequent buy on Tistalents.
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Deposit refunds (i.e. refunds on to your cost supplier) might be carried out by our Customer Support staff, based mostly on the Order’s unique cost quantity and foreign currency. To stop fraud and abuse, we limit the full quantity of occasions customers can request a cost supplier refund, which is topic to overview by our Customer Support staff. Such refunds could also be topic to a further payment.
Part 6: Logo Maker & IP
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 name.
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.
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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 further warrant that such design was by no means bought earlier than to anyone and that you’ll not supply it on the market outdoors of Tistalents Logo Maker.
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We could use automated techniques that analyze your uploaded Logo Design to assist detect and forestall infringement or different unlawful content material.
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We could limit 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 payment, 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 name for any function, aside from any unlawful, immoral or defamatory function. There is no 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.
Part 7: 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 engage by way of orders, social media, and on Tistalents’ Community Forums.
Tistalents maintains a friendly, 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.
Basics
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To defend our customers’ privateness, consumer identities are stored nameless. Requesting or providing 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.
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Any needed trade of private data required to proceed a service could also be exchanged inside the Order Page.
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Tistalents doesn’t present any guarantee of the extent of service supplied to Buyers. You could use the dispute decision instruments supplied to you within the Order Page.
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Tistalents doesn’t present safety for customers who work together outdoors of the Tistalents platform.
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All data and file exchanges should be carried out solely on Tistalents’ platform.
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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.
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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.
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Users could not submit proposals or solicit events introduced by way of Tistalents to contract, engage with, or pay outdoors of Tistalents.
Orders
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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.
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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
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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).
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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.
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Tistalents will respond 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 across 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 receive 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 address and shall be displayed for such consumer on the Site. Warnings don’t limit 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
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Adult Services & Pornography – Tistalents doesn’t enable any trade of grownup oriented or pornographic supplies and companies.
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Inappropriate Behavior & Language – Communication on Tistalents ought to be friendly, constructive, and professional. Tistalents condemns bullying, harassment, and hate speech in the direction of others.
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Phishing and Spam – Members’ safety is a prime priority. Any makes an attempt to publish or ship malicious content material with the intent to compromise one another member’s account or pc surroundings is strictly prohibited. Please respect our members privateness by not contacting them with provides, questions, solutions or anything which isn’t instantly associated to their Services or orders.
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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 further 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 engage and talk off of Tistalents is not going to be protected by our Terms of Service.
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Authentic Tistalents Profile – You could not create a false identification on Tistalents, misrepresent your identification, create a Tistalents profile for anyone 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 accurate and full and is probably not deceptive, unlawful, offensive or in any other case dangerous. Tistalents reserves the right to require customers to undergo a verification course of with a view to use the Site.
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Intellectual Property Claims – Tistalents will respond to clear and full notices of alleged copyright or trademark infringement, and/or violation of third social gathering’s phrases of service.
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Fraud / Unlawful Use – You could not use Tistalents for any illegal functions or to conduct unlawful actions.
Abuse and Spam
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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.
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Targeted Abuse – We don’t tolerate customers who engage 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.
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Selling Accounts – You could not purchase or promote Tistalents accounts.
Proprietary Restrictions
The Site, together with its normal structure, feel and look, 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 specifically 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 engage in any guide course of to do the same, (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) access or use the Site in any means not expressly permitted by these Terms of Service. Users additionally agree to not allow or authorize anyone 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 action(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 protect 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 specifically 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.
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 offering 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 payment for the Services, and the supply is probably not used if payment 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 buy 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.
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.
Part 8: General Terms and Legal Limitations
General Terms
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Tistalents reserves the right 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.
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Violation of Tistalents’ Terms of Service and/or our Community Standards could get your account disabled completely.
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Users with disabled accounts will be unable to promote or purchase on Tistalents.
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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.
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Users have the choice to allow account Security options to protect their account from any unauthorized utilization.
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Users should be capable to confirm their account possession by way of Customer Support by providing supplies that show possession of that account.
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Disputes ought to be dealt with utilizing Tistalents’ dispute decision instruments (‘Resolution Center’ on the order web page) or by contacting Tistalents Customer Support.
Modifications
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Tistalents might make modifications to its Terms of Service and Payment Terms every now and then. When these modifications are made, Tistalents will make a brand new copy of the phrases obtainable on this web page.
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You perceive and agree that if you happen to use Tistalents after the date on which the Terms of Service and Payment Terms have changed, Tistalents will deal with your use as acceptance of the up to date Terms.
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.
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.
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.
IN ACCEPTING LIABILITY AS THE LIMITED AUTHORIZED PAYMENT COLLECTION AGENT OF SELLER, TISTALENTS AND ITS AFFILIATES ASSUME NO LIABILITY FOR ANY ACTS OR OMISSIONS OF SELLER.
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, straight or not directly, controls, or is below the management of, or is below widespread management with Tistalents, the place management means having greater than fifty p.c (50%) voting inventory or different possession curiosity or most voting rights of such entity.