Terms of Use
(“Terms”)
These Terms of Use (hereinafter - the "Terms") is a public agreement between the User (hereinafter - "User", "You")
For purposes of these Terms, “Company” means and includes DELTA MEDIA CA LP and its subsidiaries and affiliates (including MARKOM IT SP.Z O.O. registered address ul. Zurawia 43/109, Warsawa 00680, Poland and DELTA MEDIA OS LLC, registered address Uznadze Str., N 111, Building 2, Apt. N 11, Tbilisi 0102, Georgia), and its and their investors, officers, directors, employees, agents, representatives and assigns.
For purposes of these Terms, “Company” means and
The Site offers a venue, where Customers and Contractors connect for the performance of orders. Customers and Contractors contract directly with each other and the Company is not a party to any contracts and agreements between them.
Before using the Site, we recommend that you read the following Terms in detail. Your further use of the Site will confirm that you have accepted the proposed Terms of Use. In the event of a conflict between these Terms and any other agreement, whether written or oral, between the Company and you, whether in your individual capacity or as the representative of a Customer or Contractor, these Terms shall supersede and control.
Subject to the provisions set forth in these Terms, the Company grants you a personal, nonexclusive, nontransferable, revocable license to access and use the Site solely for your personal noncommercial use. Rights not expressly granted to you in these Terms are reserved by the Company.
You agree that we may change these Terms from time to time. Your further use of the Site constitutes your consent with the changes to these Terms. If you disagree with the actual version of this Policy, you should immediately cease using the Site.
Definitions
User – means any registered person who use the Site, including Customers and Contractors.
Account – means the account created by the User upon registration on the Site.
Contractor – User, who performs Work on a payable basis in favor of the Customer under the order the Customer has previously made on the Site.
Customer – User, who makes an order on the Site to receive the Work the Contractor has performed under the payment in favor of the Customer.
They – means any person notwithstanding female or male sex\gender, including those who have not decided yet
Contractor services – refer to the work contractors do on the Site.
User Content – is what users post on the Site themselves, like comments, profiles, feedback, images, or other information. It includes anything posted as a response to questions asked by other users or the Site.
Dispute – means a dispute raised between the Customer and the Contractor.
Site services - services, applications and products – apart from services, which are provided by the Contractors themselves – that people can access through the Site.
Please note! The Company is not an employment service or employment agency, and does not employ Contractors. In all cases, Contractors are considered as independent contractors and not employees of the Company. That means Contractors are free to accept or reject any Services, perform Services free from the supervision and control of the Company, and provide their own tools and equipment. It is the obligation of Customers to supervise and control the Services performed by Contractors. All contracts, agreements and arrangements for the completion of Services are between Customers and Contractors, and the Company is not a party to that relationship. The Company does not withhold taxes including, without limitation, unemployment insurance, workers’ compensation, employer’s liability, social security or other payroll withholdings. You understand and agree that if the Company is found liable for any taxes, other than on the Company’s income, you will immediately reimburse and pay to the Company an equivalent amount, including any interest and penalties thereon.
Site eligibility
To be eligible to use the Site as a User in the fullest extent possible, you agree that you:
● Are eighteen (18) years of age or older;
● Have full power and authority to enter into these Terms and to be bound by these Terms;
● Will not violate any other agreement to which you are a party by agreeing to these Terms;
● Are not restricted from using the Platform in any way or for any reason;
● Are not using the Platform for reasons that are in competition with or adverse the Company;
● Will only maintain one account at any given time;
● Hold a valid email address.
As a User, you additionally represent, warrant and covenant that you are not: (i) the subject or target of any sanctions or restrictive export controls administered by Canada, the U.S. government, the United Nations Security Council, Her Majesty’s Treasury of the United Kingdom, or the European Union or any European Union member state (collectively, “Sanctions”); or (ii) located, organized, or resident in a country, region or territory that is itself the subject or target of comprehensive territorial Sanctions or embargoes; or (iii) citizen\resident of the Russian Federation and/or Republic of Belarus. In performing your obligations under the Terms, you will comply with all applicable Sanctions.
Account Registration
User should register an account by filling all the fields with the information required to access and use our Services (hereinafter – “Account”). You may also register an Account by authorizing via your account in such services as Facebook, LinkedIn and Google. Your Account registration is subject to approval by the Company. We reserve the right to decline a registration either to join the Site or to add an Account of any type, for any lawful reason, including supply and demand, cost to maintain data, or other business considerations.
Contractor Profile. After Account registry you as a Contractor should fill out the additional information in your Profile (hereinafter “Profile”). How we collect, treat and store your information you may find in our
Account Security
You as a User agree that at all times you will:
● Maintain the security and confidentiality of your account information;
● Be responsible for all activity that occurs under your account, whether by you or by others;
● Notify us immediately of any unauthorized use of your profile, the need to deactivate your profile due to security concerns, or any other breach of security;
● Be liable for all charges, damages and losses incurred or suffered by you and/or by the Company as a result of activity under your account;
● Ensure that you log out of your account at the end of each session.
Order
After Account registration you as a Customer can proceed to making an order (hereinafter “Order”). While making an Order you should provide a title, a description, period of receiving requests, specialization, required skills, region. You should also choose the type of the services, payment method and paid services. You may also add images if any. After submitting all the information, you may save the Order. Your Order will be published after verification by a Site moderator. You may edit your Order until it is published. We also reserve the right to suspend your publishing the Order if important information is missing. We will notify you in this regard.
User’s Responsibilities
You as a User agree that at all times you will:
● Be solely responsible for your online and offline interactions with other Users;
● Not disclose confidential information and/or ideas on or through the Platform that you do not want used or shared by others;
● Comply with all applicable laws, rules and regulations, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and applicable regulatory requirements;
● Provide accurate information in your profile, and update such information as necessary;
● Use the Platform in an honest, respectful and professional manner;
● Use the Platform solely for permitted purposes as it is intended to be used.
Prohibited Uses of the Platform by the User
In connection with your use of the Platform, you agree that at all times you will not:
● Act dishonestly by engaging in unprofessional behavior or by posting inappropriate, inaccurate, or objectionable information and/or content to the Site;
● Duplicate, license, publish, distribute, sell or otherwise transfer information found on the Site;
● Reverse engineer, decompile, disassemble or otherwise attempt to derive the source code for any underlying intellectual property used in connection with the Site;
● Create a user profile for anyone other than yourself or otherwise use or attempt to use another’s account without our authorization;
● Copy, share or give away your account;
● Promote other organizations;
● Utilize information and/or content you view on and/or obtain from the Site to provide any service that is competitive with the Site or our business;
● Upload, email, transmit or otherwise make available or initiate any information and/or content that is false, unlawful, obscene, abusive, objectible, discriminatory, manipulative and prohibited by these Terms and any applicable law.
● Adapt, modify or create derivative works based on the Site or the technology underlying the Site, or other User’s information and/or content;
● Rent, lease, loan, trade or sell/resell access to the Platform or any information therein;
● Remove any copyright, trademark or other proprietary rights notices contained in or on the Site;
● Remove, cover or otherwise obscure any form of advertisement included on the Site;
● Harass, abuse or harm another person, including sending unwelcome communications to Users;
● Collect, use or transfer any information, including but not limited to, personally identifiable information obtained from the Platform except as expressly permitted in the Terms of Use or as the owner of such information may expressly permit;
● Interfere with or disrupt the Platform, including but not limited to any servers or networks connected to the Platform;
● Upload a cartoon, symbol, drawing or any information and/or content other than a head-shot photograph of yourself in your profile photo (if applicable);
● Infringe on or use our brand, logos and/or trademarks, or words likely to be confused with those words, in any business name, email, or URL;
● Perform any act, which may be considered as prohibited according to these Terms and any applicable law.
Suspension and Termination
The Company may suspend or remove you as a User from the Site at any time for any or no reason at all, and suspension or removal will be effective immediately upon delivery of such notice. If the Company suspends or removes you from the Platform, you may not be entitled to rejoin. In addition to suspension or removal, the Company reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive relief. Even after your suspension or removal, these Terms will remain enforceable against you.
User agrees to pay the Company the subscription fees associated with the selected subscription for the Services of the Site provided on the monthly basis (“Subscription Fee ”). Subscription Fee shall be paid by the User directly to the Company in advance as provided by the applicable invoice.
User may cancel subscription for the Services of the Site at any time. Subscription fee is refunded in the amount proportionally to the days left. In case, the User has cancelled subscription for the Services of the Site during the time, which exceed the half of the subscription period, a refund for the days left cannot be processed.
Payment for Contractor Work
You as a Customer are entitled to choose a payment method for each Order. The Site offers you two options:
● Direct payment to Contractors
This payment option stipulates tight cooperation between Customer and Contractor without participation of the Site in the payment process. Customer and Contractor should mutually choose the method and process of the payment. Customer and Contractor regulate all claims related to the quality and timing of the Work on their own. Any cancellations and refunds under this option are not governed by these Terms and shall be resolved in terms of mutual cooperation between Customer and Contractor.
● Safe deal (with budget reservation)
This payment option stipulates that the Company reserves the budget of the Order, previously put by the Customer on the Company’s bank account until the Work is properly performed by the Contractor and checked by the Customer. Instructions on safe deal terms, including provisions, which govern cancellations and refunds hereunder, you may find at the link .
Confidentiality
Any information and/or content not generally known by or disclosed to the public including, without limitation, information and/or content: disclosed by Customers to the Company and/or Contractor; created by Contractors for Customers; and any information and/or content disclosed pursuant to a mutually executed confidentiality and/or nondisclosure agreement (hereinafter “Confidential Information”) shall be maintained in strict confidence by the Company and Contractor.
The Company and Contractors shall not use or disclose any Confidential Information and access to and use of any Confidential Information shall be restricted to those persons with known discretion and with a need to use the information, provided that such persons have executed a confidentiality and/or nondisclosure agreement.
Notwithstanding anything herein to the contrary, Confidential Information shall not include information and/or content that is already known to or otherwise in the possession of a person at the time of receipt from the other party and that was not known or received as the result of violation of any obligation of confidentiality; publicly available or otherwise in the public domain prior to disclosure by a party; rightfully obtained by a party from any third party having a right to disclose such information without restriction and without breach of any confidentiality obligation by such third party; developed by a party independent of any disclosure hereunder, as evidenced by written records; or disclosed pursuant to the order of a court or administrative body of competent jurisdiction or a government agency, provided that the party receiving such order shall notify the other prior to such disclosure and shall cooperate with the other party in the event such party elects to legally contest, request confidential treatment, or otherwise avoid such disclosure.
Content and means of communication
We try to maintain the Content of the Site for our Users to the fullest and most accessible extent. We also make our efforts to ensure the authenticity and relevance of all materials. By using our Site, you agree to receive service letters from us by electronic means of communication based on data we have received from you personally and / or from public sources. The ways we collect and process your personal data we use to communicate with you and to receive your consent to, you can find in our Privacy Policy.
Contractor hereby grants the Company a royalty-free, perpetual, irrevocable, non-exclusive, fully paid, transferable right and license to use, reproduce, modify, adapt, publish, distribute, translate, communicate to the public, create derivative works from, distribute, perform and display any messages, information, data, text, images, or other materials submitted to or transmitted through the Site (in whole or part) (collectively, “Contractor Content”) worldwide without restriction or compensation.
In addition, you as a Contractor warrant that you have waived all so-called “moral rights” in the Contractor Content. The Company and its designees shall have the right, but not the obligation, in their sole discretion to edit, refuse to post, or remove any Contractor Content posted on the Site that violates these Terms or is otherwise objectionable in the Company sole and exclusive discretion.
By submitting Contractor Content to or through the Site, you represent and warrant that you own the Contractor Content; You are entitled to submit the Contractor Content; and, the Contractor Content is accurate, truthful, not confidential, and not in violation of any contractual restrictions or other third-party rights.
Intellectual Property
All and any information contained on the Site, except those clearly marked as Contractor’s one, is the exclusive intellectual property of the Company by default. The right to use the Content by the User, which arises in the process of using the Site and/or receiving the Company Services, is limited to the use of personal on non-commercial purposes and is not allowed for any other purpose.
In case of unauthorized infringement of copyright and other intellectual property rights, the User is liable in accordance with the applicable law on protection of intellectual property rights.
Trademarks, marks for goods and services, brands, logos registered in accordance with applicable law and copyright objects (texts, visual images, etc.) posted on the Site are the property of the Company. Nothing may be construed as the right or permission to use any of the trademarks, as well as any other material posted on the Site, without the consent of the Company as the copyright holder.
Ownership of Contractor’s Work
All deliverables, if any, and portions thereof, and all intermediate and partial versions thereof (hereinafter - the “Work”)
Links to other websites
The Site contains links to third party websites. We cannot control, and take no responsibility for, the content or privacy practices of such third-party websites. Once you have used these links to leave the Site, any information you provide to these third parties is not subject to either these Terms or Privacy Policy. Before visiting and providing any information to third-party websites, we encourage you to read the provisions governing their use, privacy and protection of visitors' personal data.
Cookies
We may use cookies and other technologies to process data relating to your activities on the Site. You can learn more about their application in our
Disclaimer of Warranties
The Site is provided on an “as is” and “as available” basis without warranties of any kind, express or implied, including, without limitation, warranties of title, custom, usage, merchantability, non-infringement or fitness for a particular purpose. You as a User hereby expressly agree that use of the Site is at your sole and exclusive risk. Further, Company does not represent or warrant that the Site is free from viruses, trojan horses, worms, time bombs, spiders, cancel bots, corrupted files, or any other similar software, malware or materials that may damage, interfere with, disrupt, impair, disable or otherwise overburden the operation of any device, computer system or network.
Limitation of Liability
To the extent permitted by law, under no circumstances shall the Company be liable for any direct or indirect damages, costs, losses or liabilities incurred as a result of your access, use, inability to use or modify the Content of the Site or any other website links to which you may find on the Site. The Company is also not responsible for the support of the material specified on the Site, as well as for making corrections, updates or complete or partial changes. All materials on the Site may be changed without prior notice to Users. Notwithstanding anything in the terms of use to the contrary, if it is determined that the Company is liable to you, in no event will the aggregate liability, whether arising in contract, tort, strict liability or otherwise,
Indemnity
You as a User agree to defend, indemnify and hold the Company harmless from and against any and all disputes, including without limitation for damages, injuries, losses, liabilities and reasonable legal and accounting fees (collectively, “Indemnified Claims”), resulting from, or alleged to result from:
● Your breach of the Terms;
● Any information and/or content you submit to or transmit through the Site,
● Your misuse of the Site including, without limitation, your unauthorized or unlawful use of the Site;
● Your violation of any applicable law, rule or regulation pertaining to your use of the Site;
● The use of the Site in the way, which contradicts these Terms and applicable law.
We will use reasonable efforts to provide you with prompt notice of any such Indemnified Claims, and may assist you, at our expense and option, in defending any such Indemnified Claims.
Waiver and Severability
Failure by the Company to enforce any provision of these Terms will not be construed as a waiver of any provision or right. These Terms together with
Disputes Between Contractor and Customer
Customers understand and agree that it is their obligation to communicate directly with Contractors and to supervise and control the Services performed by Contractors. In the event of any disputes between Customers and Contractors including, without limitation, disputes related to the quality of Services performed by Contractors, Users agree that such disputes must be brought to the Company within
Jurisdiction and applicable law
The Company in the process of carrying out its activities is guided by the
Users who visit the Site, being outside Canada, additionally agree to comply with the laws of the host country and to be liable within the limits set by the applicable law. The Company also reserves the right to restrict the content of the Site to any person or specific geographical area at any time without prior notice to the User.
Other
These Terms, together with our
These Terms, in particular provisions in which User responsibilities are stipulated, may not be assigned, subcontracted, delegated, or otherwise transferred without the prior written consent of the Company, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
These Terms and all related documentation are in English, but for the sake of accessibility and understanding of these provisions by all Users, these Terms may be translated
Feedback
If you have any questions about these Terms or would like to receive any additional information regarding the provision of Services and use of the Site, please contact us using the contact details below: