Gigs Avenue’s Terms of Service
Last Update: November 2019
Welcome to GigsAvenue.com.
The following terms of service (these “Terms of Service”), govern your access to and use of the Gigs Avenue website, including any content, functionality and services offered on or through www.Gigs Avenue.com (the “Site”) by Licorne Gulf WLL.
Gigs Avenue and its subsidiaries are collectively referred hereto as “Gigs Avenue” “we” or “us”.
This Site is offered and available to users who are 13 years of age or older. If you are under 13 you may not use this Site or the Gigs Avenue services. By using this Site, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.
Our Customer Support team is available 24/7 if you have any questions regarding the Site or Terms of Service.
Buyers are users who purchase services on Gigs Avenue.
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.
Disputes are disagreements experienced during an order between a Buyer and Seller on Gigs Avenue.
Gigs Avenue Balance is the aggregated amount of your Revenue as a Seller and/or returned payments from cancelled orders as a Buyer.
Gigs Avenue Credits are credits that Gigs Avenue may provide users to be used only for purchases on Gigs Avenue, subject to these Terms of Service or any other applicable laws and/or terms.
Gig Extras are additional services offered on top of the Seller’s Gig for an additional price defined by the Seller.
Gig 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.
Gig Page is where the Seller can describe their Gig and the Gig’s terms, and the Buyer can purchase the Gig and create an order.
Gig / Gigs are services offered on Gigs Avenue.
Order Page is where Buyers and Sellers communicate with each other in connection with an ordered Gig.
Orders are the formal agreement between a Buyer and Seller after a purchase was made from the Seller’s Gig Page.
Payment Services Provider(s) are service providers that provide payment services to Buyers and Sellers in connection with the Gigs Avenue platform, including with respect to collection of funds from Buyers in connection with the purchase of Gigs, remittance and withdrawal of funds to Sellers in connection with completed Gigs, currency exchange services in connection with payments in local currencies, and the holding of funds in connection with Gigs Avenue Balances.
Revenue is the money that Sellers earn from completed orders and can either withdraw or use to purchase Gigs on Gigs Avenue, subject to these Terms.
Sellers are users who offer and perform services through Gigs on Gigs Avenue.
Overview (Main terms, in a nutshell)
Top Rated Sellers
Gigs Avenue Sellers have access to several exclusive features that help customize the way their services can be offered.
Shipping Physical Deliverables
Some of the services on Gigs Avenue are delivered physically (arts and crafts, collectable items, etc.). For these types of Gigs, Sellers may decide to add shipping charges. Sellers can add shipping charges for local shipping (within the same country) and for international shipping (anywhere else).
* Additional fees may apply based on your location and currency.
Disputes and Cancellations
We encourage our Buyers and Sellers to try and settle conflicts amongst themselves. If for any reason this fails after using the Resolution Center or if you encounter non-permitted usage on the Site, users can contact Gigs Avenue’s Customer Support department for assistance.
Gigs Avenue Credits
In certain instances, Gigs Avenue may offer you credits (“Gigs Avenue Credits” or “Credits”), either for promotional purposes or otherwise, to be used for purchasing Gigs and/or other services offered on the Site. Your available Credit balance will appear in your account. Your valid Gigs Avenue Credits will be automatically applied to your next purchase and can be viewed in your order summary after you place the order. Unless stated otherwise, Gigs Avenue Credits expire following three months from their receipt. Gigs Avenue Credits serve only as an incentive to use Gigs Avenue, and, therefore, are not redeemable for cash, have no cash value and are non-refundable. Once used, Gigs Avenue Credits may not be returned to your account even if your Order gets cancelled. Gigs Avenue Credits may be subject to additional conditions and restrictions as will be disclosed to You upon receipt of the Credits. Credits may be voided in the event of fraud, misuse, or violation of these Terms. Gigs Avenue reserves the right to modify or cancel the Gigs Avenue Credits program at any time. If you or Gigs Avenue deactivate or suspend your Gigs Avenue account, any unused Gigs Avenue Credits in your account will be forfeited.
User Conduct and Protection
Gigs Avenue enables people around the world to create, share, sell and purchase nearly any service they need at an unbeatable value. Services offered on Gigs Avenue reflect the diversity of an expanding Gig economy. Members of the Gigs Avenue community communicate and engage through orders, social media, and on Gigs Avenue’s Community Forums.
Gigs Avenue maintains a friendly, community spirited, and professional environment. Users should keep to that spirit while participating in any activity or extensions of Gigs Avenue. This section relates to the expected conduct users should adhere to while interacting with each other on Gigs Avenue.
To report a violation of our Terms of Service, User Misconduct, or inquiries regarding your account, please contact our Customer Support team.
Users may receive a warning to their account for violations of our Terms of Service or any user misconduct reported to our Trust and Safety team. A warning will be sent to the user’s email address and will be displayed for such user on the Site. Warnings do not limit account activity, but can lead to your account losing Seller statuses or becoming permanently disabled based on the severity of the violation.
Adult Services & Pornography – Gigs Avenue does not allow any exchange of adult oriented or pornographic materials and services.
Inappropriate Behaviour & Language – Communication on Gigs Avenue should be friendly, constructive, and professional. Gigs Avenue condemns bullying, harassment, and hate speech towards others. We allow users a medium for which messages are exchanged between individuals, a system to rate orders, and to engage on larger platforms such as our Community Forum and Social Media pages.
Phishing and Spam – Gigs Avenue takes the matter its members’ security seriously. Any attempts to publish or send malicious content with the intent to compromise another member’s account or computer environment is strictly prohibited. Please respect our members privacy by not contacting them with offers, questions, suggestions or anything which is not directly related to their Gigs or orders.
Privacy & Identity – You may not publish or post other people’s private and confidential information. Any exchange of personal information required for the completion of a service must be provided in the order page. Sellers further confirm that whatever information they receive from the Buyer, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the Buyer. Any users who engage and communicate off of Gigs Avenue will not be protected by our Terms of Service.
Authentic Gigs Avenue Profile – You may not create a false identity on Gigs Avenue, misrepresent your identity, create a Gigs Avenue profile for anyone other than yourself (a real person), or use or attempt to use another user’s account or information; Your profile information, including your description, skills, location, etc., while may be kept anonymous, must be accurate and complete and may not be misleading, illegal, offensive or otherwise harmful. Gigs Avenue reserves the right to require users to go through a verification process in order to use the Site (whether by using ID, phone, camera, etc.).
Intellectual Property Claims – Gigs Avenue will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s terms of service.
Fraud / Unlawful Use – You may not use Gigs Avenue for any unlawful purposes or to conduct illegal activities.
Abuse and Spam
Multiple Accounts – To prevent fraud and abuse, users are limited to one active account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the Gigs Avenue community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations to Gigs Avenue’s Terms of Service is cause for permanent suspension of all accounts.
Targeted Abuse – We do not tolerate users who engage in targeted abuse or harassment towards other users on Gigs Avenue. This includes creating new multiple accounts to harass members through our message or ordering system.
Selling Accounts – You may not buy or sell Gigs Avenue accounts.
The Site, including its general layout, design and content, is exclusively owned by Gigs Avenue and protected by copyright and trademark law. Gigs Avenue® is registered trademarks owned exclusively by Gigs Avenue. Users have no right, and specifically agree not to do the following with respect to the Site or any part, component or extension of the Site (including its mobile applications): (i) copy, transfer, adapt, modify, distribute or reproduce it, in any manner; (ii) reverse assemble, decompile, reverse engineer or otherwise attempt to derive its source code, underlying ideas, algorithms, structure or organization; (iii) modify or create derivative works; (iv) remove any copyright notice, identification or any other proprietary notices, or; (v) use the Site in any manner that could damage, disable, overburden or impair the Site, or interfere with any other users’ enjoyment of the Site. Users also agree not to permit or authorize anyone else to do any of the foregoing.
User Generated Content
User Generated Content (“UGC”) refers to the content added by users as opposed to content created by the Site. All content uploaded to Gigs Avenue by our users (Buyers and Sellers) is User Generated Content. Gigs Avenue does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled.
Furthermore, Gigs Avenue is not responsible for the content, quality or the level of service provided by the Sellers (even if they are Pro Sellers, Top Rated Sellers or otherwise). We provide no warranty with respect to the Gigs, their delivery, and any communications between Buyers and Sellers. We encourage users to take advantage of our rating system, our community and common sense in choosing appropriate Gigs service offers.
By offering a service, the Seller undertakes that he/she has sufficient permissions, rights and/or licenses to provide, sell or resell the service that is offered on Gigs Avenue. Sellers advertising their Gig online must comply with laws and terms of service of the advertising platform or relevant website used to advertise. Failing to do so may result in removal of the Gig and may lead to the suspension of Seller’s account.
Ownership and limitations: Unless clearly stated otherwise on the Seller’s Gig page/description, when the work is delivered, and subject to payment, the Buyer is granted all intellectual property rights, including but not limited to, copyrights for the work delivered from the Seller, and the Seller waives any and all moral rights therein. The delivered work shall be considered work-for-hire under the U.S. Copyright Act. In the event the delivered work does not meet the requirements of work-for-hire or when US Copyright Act does not apply, the Seller expressly agrees to assign to Buyer the copyright in the delivered work. All transfer and assignment of intellectual property to Buyer shall be subject to full payment for the Gig and the delivery may not be used if payment is cancelled for any reason. For removal of doubt, in custom created work (such as art work, design work, report generation etc.), the delivered work shall be the exclusive property of Buyer, and Seller assigns all rights, title and interest in the delivered work. Some Gigs (including for custom created work) charge additional payments (through Gig Extras) for a Commercial Use License. This means that if you purchase the Gig for personal use, you will own all rights you require for such use, and will not need the Commercial Use License. If you intend to use it for any charge or other consideration, or for any purpose that is directly or indirectly in connection with any business, or other undertaking intended for profit, you will need to buy the Commercial Use License through a Gig Extra and will have broader rights that cover your business use.
For Voice Over Gigs, when the work is delivered, and subject to payment, the Buyer is purchasing basic rights, (which means the Buyer is paying a one time fee allowing them to use the work forever and for any purpose except for commercials, radio, television and internet commercial spots). If you intend to use the Voice Over to promote a product and/or service (with the exception of paid marketing channels), you will need to purchase the Commercial Rights (Buy-Out) through Gig Extra. If you intend to use the Voice Over in radio, television and internet commercials, you will need to purchase the Full Broadcast Rights (Buy-Out) through Gig Extra. For further information on the type of buy-outs, please read below.
Sellers further confirm that whatever information they receive from the Buyer, which is not public domain, shall be kept confidential and shall not be shared or used for any purpose whatsoever other than for the delivery of the ordered work to the Buyer.
Furthermore, users (both Buyers and Sellers) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to Gigs Avenue, including Gig texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by Gigs Avenue for no consideration for marketing and/or other purposes.
Voice Over Commercial Buy-Out
When purchasing a Voice Over Gig, the Seller grants you a perpetual, exclusive, non-transferable, worldwide license to use the purchased Voice Over (except for commercials, radio, television and internet commercial spots).By purchasing a Commercial Rights (Buy-Out) with your order, in addition to the basic rights, the Seller grants you with a license to use the Voice Over for any corporate, promotional and non-broadcast purposes. Corporate, promotional and non-broadcast purposes means any business related use for the creation of, or to promote a for-product profit or service (with the exception of paid marketing channels), such as (by way of example): explainer videos posted to company websites, social networks or email campaigns, audiobooks, podcast intros, and strictly excludes any illegal, immoral or defamatory purpose.By purchasing a Full Broadcast Rights (Buy-Out) with your order, in addition to the Commercial Rights, the Seller grants you with a license for full broadcasting, which includes internet, radio, and TV “paid channels” including (by way of example): television commercials, radio commercials, internet radio, and music/video streaming platforms, and strictly excludes any illegal, immoral or defamatory purpose.
This Buy-Out is subject to Gigs Avenue’s Terms of Service. There is no warranty, express or implied, with the purchase of this delivery, including with respect to fitness for a particular purpose. Neither the Seller nor Gigs Avenue will be liable for any claims, or incidental, consequential or other damages arising out of this license, the delivery or your use of the delivery.
Commercial Use License
By purchasing a “Commercial Use License” with your order, the Seller grants you a perpetual, exclusive, non-transferable, worldwide license to use the purchased delivery for Permitted Commercial Purposes. All intellectual property rights of the purchased delivery are hereby assigned to you. “Permitted Commercial Purposes” means any business related use, such as (by way of example) advertising, promotion, creating web pages, integration into product, software or other business related tools etc., and strictly excludes any illegal, immoral or defamatory purpose. This License is subject to Gigs Avenue’s Terms of Service. There is no warranty, express or implied, with the purchase of this delivery, including with respect to fitness for a particular purpose. Neither the Seller nor Gigs Avenue will be liable for any claims, or incidental, consequential or other damages arising out of this license, the delivery or your use of the delivery.
Disclaimer of Warranties
YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER GIGS AVENUE NOR ANY PERSON ASSOCIATED WITH GIGS AVENUE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
THIS SERVICE MAY CONTAIN TRANSLATIONS POWERED BY GOOGLE. GOOGLE DISCLAIMS ALL WARRANTIES RELATED TO THE TRANSLATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, RELIABILITY, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
The Site has been translated for your convenience using translation software powered by Google Translate. Reasonable efforts have been made to provide an accurate translation, however, no automated translation is perfect nor is it intended to replace human translators. Translations are provided as a service to users of the website, and are provided “as is”. No warranty of any kind, either expressed or implied, is made as to the accuracy, reliability, or correctness of any translations made from English into any other language. Some content (such as images, videos, Flash, etc.) may not be accurately translated due to the limitations of the translation software.
The official text is the English version of the website. Any discrepancies or differences created in the translation are not binding and have no legal effect for compliance or enforcement purposes. If any questions arise related to the accuracy of the information contained in the translated website, please refer to the English version of the website which is the official version.
Limitation on Liability
IN NO EVENT WILL GIGS AVENUE, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
IN ACCEPTING LIABILITY AS THE LIMITED AUTHORIZED PAYMENT COLLECTION AGENT OF SELLER, GIGS AVENUE 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 term “Affiliate” referred to herein, is an entity that, directly or indirectly, controls, or is under the control of, or is under common control with Gigs Avenue, where control means having more than fifty percent (50%) voting stock or other ownership interest or the majority of voting rights of such entity.
Welcome to Gigs Avenue!
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Enjoy selling your amazing skills on our platform and get international customers worldwide. Buy gigs from top sellers with no hassle and discover our wide list of categories.