Terms of Service
These "Terms of Service" set out the rules governing your use of the Gigred website and mobile application, which includes all content, features, and services available on www.gigred.com or the Gigred mobile app (referred to as the "Site"). The Site is provided by Gigred Studios Private Limited, Mumbai, India. When we refer to "Gigred," "we," or "us," we are collectively talking about Gigred Studios Private Limited. When we say "you" or "user," we mean you, the individual using the Site.
Before you begin using the Site, we urge you to review the Terms of Service carefully. By accessing the Site, creating an account, or clicking to accept or agree to the Terms of Service when presented with the option, you are indicating your acceptance and agreement to be bound by these Terms of Service and the Gigred Payment Terms, which can be found here ("Payment Terms"). You are incorporated into this agreement by reference. Additionally, you acknowledge that you have read and comprehended our Privacy Policy, available here. If you do not wish to consent to these Terms of Service or the Privacy Policy, you must refrain from accessing or utilizing the Site. For more comprehensive information on the policies governing activities and usage on the Site, please refer to the specific sections.
The Site is provided for use by individuals at least 18 years old and legally capable of entering into binding agreements. If you are under 18 but at least 13 years old, you can only use the Site under the supervision and permission of a parent or legal guardian who owns an account. If you are under 13, you cannot use the Site or Gigred services. When you use the Site, you confirm that you meet the eligibility criteria mentioned above. You should refrain from accessing or using the Site if you do not meet these requirements.
If you have any inquiries about the Site or the Terms of Service, our Customer Support team is at your service around the clock. You can contact our Customer Support team by submitting a request here.
English is the primary language for these Terms of Service and all other text on the Site. If there are any discrepancies between the original and translated versions, the English version will take precedence.
Key Terms
Buyers are users who purchase services on Gigred.
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.
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 / Services are services offered on Gigred.
Order Page is where Buyers and Sellers communicate with each other in connection with an ordered Gig.
Orders are the formal agreements between a Buyer and Seller after a purchase was made from the Seller’s Gig Page.
Sellers or Freelancers are users who offer and perform services through Gigs/Services on Gigred.
Overview
- Only users with registered accounts are permitted to engage in buying and selling activities on Gigred, and the registration process is free. By creating an account, you are committing to furnish us with precise, comprehensive, and current information, and you must refrain from establishing an account for deceptive or misleading intentions. You hold exclusive responsibility for any actions carried out on your account and for safeguarding the confidentiality and security of your password. We bear no responsibility for any actions or oversights on your part in relation to your account.
- Gigs on Gigred may be offered at a base starting price of $5. Some Gigs are offered at a base price of more than $5 as determined by the Seller.
- Buyers pay Gigred in advance to create an order (see Payment Terms).
- Orders are purchased using the "Add to Cart" button on a Seller's Gig page or by accepting a Custom Offer.
- For fees and payments please read the Payment Terms.
- Sellers must complete their orders and should refrain from routinely or unjustifiably canceling them. Canceling orders can have a negative impact on a seller's reputation and standing.
- Sellers gain account statuses (Levels) determined by their performance and standing. Higher levels have advantages, such as charging more for services through Gig Extras or selling their Gig in multiple quantities.
- Users may not offer or accept payments using any method other than placing an order through the Gigred Platform.
- Buyers are granted all rights for the delivered work when purchasing a Gig unless specified by the Seller on their Gig page. Note: Some gigs charge additional payments (through Gig Extras) for a Commercial Use License. See our “Ownership” and “Commercial Use License” sections below for more information.
- Gigred retains the right to use all published delivered works for Gigred marketing and promotion purposes.
- We care about your privacy. You can read our Privacy Policy here.
- Users undertake to comply with Gigred’s Community Standards, which are a set of behavior rules and guidelines applicable to the Gigred community and marketplace in addition to these Terms of Service, as updated from time to time.
Sellers
Basics
- Sellers create Gigs on Gigred to allow Buyers to purchase their services.
- Sellers may also offer Custom Offers to Buyers in addition to their Gigs.
- Each Gig you sell and successfully complete, accredits your account with a revenue equal to 85% of the purchase amount.
- Gigred accredits Sellers once an order is completed. See our "Orders" section below for a definition of a completed order.
- For more information about receiving payments, fees and taxes see the Payment Terms.
- Sellers may not promote their Gigs or any Gigred content via the Google Ads platform.
- The Seller's rating is calculated based on the order reviews from Buyers. High ratings allow Sellers to obtain advanced Seller levels (see Levels below). In certain cases, exceedingly low ratings may lead to suspending the Seller's account.
- For security concerns, Gigred may temporarily disable a Seller's ability to withdraw revenue to prevent fraudulent or illicit activity. This may result from security issues, improper behavior reported by other users, or associating multiple Gigred accounts to a single withdrawal provider.
- Sellers are responsible for obtaining a general liability insurance policy with coverage amounts sufficient to cover all risks associated with the performance of their services.
Gigs
- Sellers can post a select amount of active Gigs based on their Level status.
- 7 Gigs for Sellers without a Level status.
- 10 Gigs for Level 1 Sellers.
- 20 Gigs for Level 2 Sellers.
- 30 Gigs for Top Rated Sellers.
- Gigs created on Gigred are User Generated Content.
- Gigs and/or users may be removed by Gigred 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:
- Illegal or Fraudulent services
- Copyright Infringement, Trademark Infringement, and violation of a third party's terms of service are reported through our Intellectual Property Claims Policy, found here.
- Adult-oriented services, Pornographic, Inappropriate/Obscene.
- Intentional copies of Gigs
- Spam, nonsense, or violent or deceptive Gigs
- Gigs misleading to Buyers or others
- Reselling of regulated goods
- Offering to prepare academic works on behalf of Buyers
- Low-quality services or deliveries
- Promoting Gigred and/or Gigred Gigs through activities prohibited by any laws, regulations, and/or third parties' terms of service and through any marketing activity that negatively affects our relationships with our users or partners.
- Gigs removed for violations mentioned above may result in suspending the Seller's account.
- Gigs removed for violations are not eligible to be restored or edited.
- Gigs may be removed from our listings due to poor performance and/or user misconduct.
- Gigs may include pre-approved website URLs in the Gig description and requirements box. Gigs containing websites promoting Content that violates Gigred's Terms of Service and/or our Community Standards will be removed.
- Gigs are required to have an appropriate Gig image related to the service offered. An option to upload two additional Gig images is available to all Sellers. Sellers must deliver the same quality of service as shown on their Gig images. Recurring deliveries that don't match the quality shown on the Gig images may lead to the Seller's account losing Seller status or becoming permanently disabled.
- Gigs may contain an approved Gig Video uploaded through the Gig management tools available on Gigred.
- Statements on the Gig Page that undermine or circumvent these Terms of Service are prohibited.
- Eligible Gigs in select Categories may set up Gig Packages to offer their services in structured formats with multiple price points for the selected Gig
Gig Extras
- Gig Extras are services offered on top of the Seller's Gig for an additional price defined by the Seller.
- Gig Extras may be removed for our Terms of Service and/or Community Standards violations. For specific terms, please see the Gigs section above for a list of services that violate our Terms of Service. Gigs are subject to be removed due to violations found in Gig Extras.
- The amount of Gig Extras that can be offered and the price for each Gig Extra is based on your Seller Level. More information surrounding your account's eligibility for Gig Extras can be found here.
- Services offered through Gig Extras must be related to the base service and part of the deliverables on the Order.
- Gig Extras may cover different categories of services that are components of a higher quality delivered service.
- Sellers can extend the duration of an Order for each Gig Extra that is added to the Order. This is to cover the time needed to complete the extra service.
Levels
Gigred 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, Gigred may reward them with new statuses, special opportunities, and benefits that come with it.
- Gigred Sellers can gain account Levels based on their activity, performance, and reputation. The advancement criteria can be found here.
- Advancements in Levels are updated periodically by an automated system.
- The current Levels a Seller can achieve are Level 1, 2, and Top Rated.
- 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. For example, late deliveries, warnings to the Seller's account, and cancellations can cause a Seller to move to a different Level.
- Advanced levels provide their owners additional benefits, including offering Gigs for higher prices through Gig Extras or selling their Gig in multiples.
Top Rate Sellers
- Top Rated Sellers are chosen manually by Gigred 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. Some categories' eligibility criteria may require sellers to complete mandatory tests or other verification steps. Top Rated Sellers gain access to more extensive features than previous levels, including exclusive access to beta features and VIP support.
- Top-rated eligibility is constantly evaluated by Gigred to ensure that the quality standards and expectations of the top-rated selection are kept. Gigred retains the right to change a Top Rated Seller status in light of such evaluation. In addition, Top Rated Sellers who cannot maintain their high-quality service through a severe drop in ratings, stop delivering on time, increased cancellation rate, or violate our Terms of Service and/or our Community Standards also risk losing their top Rated status and the benefits that come with it.
Seller Features
Gigred Sellers have access to several exclusive features that help customize how their services can be offered.
Custom Offer
- Sellers can also send Custom Offers addressing the specific requirements of a Buyer.
- Custom Offers are defined by the Seller with the exact description of the service, the price, and the time expected to deliver the service.
- Custom Offers are sent from the conversation page.
- Services provided through Custom Offers may not violate Gigred's Terms of Service and/or our Community Standards.
Project Milestones
- Gig 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 under each Gig or Custom Offer's description and timelines.
- 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. Buyer needs to pay for the next milestone within 5 days of acceptance of previous milestones so the Order under the next milestones will start. A milestone will be automatically marked as complete if no acceptance or request for modification is submitted within 4 days after being marked as Delivered. However, in such a case, all further milestones will not start.
Gig Subscriptions
- Sellers may offer Buyers a fixed term subscription for a specific Gig (the "Gig Subscription"). During the Gig Subscription term, the Seller will deliver one Order of the same Gig on a recurring basis, as agreed between the Seller and Buyer.
- Buyers may cancel future Orders under the Gig Subscription before payment is made for such future Orders. In such case, the Orders under the Gig Subscription will be canceled, as applicable. Once payment is made, Gigred's Order Cancelation policy under the Payment Terms will apply.
- Sellers may cancel the Gig Subscription 10 days before the next consecutive Order. Otherwise, Gigred's Order Cancelation policy under the Payment Terms will apply.
Shipping Physical Deliverables
Some of the services on Gigred are delivered physically (arts and crafts, collectible items, etc.). For these types of Gigs, Sellers may decide to define a shipping pricing factor.
- Gigs with a shipping pricing factor must have physical deliverables sent to Buyers.
- Shipping costs added to a Gig only pertain to the cost Sellers require to ship physical items to Buyers.
- Buyers who purchase Gigs that require physical delivery will be asked to provide a shipping address.
- Sellers are responsible for all shipping arrangements once the Buyer provides the shipping address.
- Gigred 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.
- A tracking number is a great way to avoid disputes related to shipping. If available, we require entering the tracking number in the Order Page when delivering your work.
Buyers
Basics
- You may only offer direct payments to Sellers using payment systems outside of the Gigred platform.
- Gigred retains the right to use all publicly published works for Gigred marketing and promotional purposes.
- Buyers may request a specific service from the Post a Project feature. Services requested on Gigred must be allowed service on Gigred. Users should only use the Post a Project feature other than looking for services on Gigred.
Purchasing
- Please refer to the Payment Terms for making Payments through the Gigred platform and to learn about fees and taxes.
- In addition, Buyers can request a Custom Order which addresses specific Buyer requirements, and receive a Custom Offer from Sellers through the Site.
- You may only offer Sellers to pay or make payments using the Gigred Platform. If you have been asked to use an alternative payment method, please report it immediately to Customer Support here.
Orders
Basics
- Once payment is confirmed, your Order will be created and given a unique Gigred order number.
- Sellers must deliver completed files and/or proof of work using the Deliver Work button (located on the Order page) according to the service purchased and advertised on their Gig.
- The Deliver Work button may not be abused by Sellers to circumvent Order guidelines described in these Terms of Service. Using the "Deliver Work" button when an Order was not fulfilled may result in a cancellation of that Order after review, affect the Seller's rating, and result in a warning to the Seller.
- An Order is marked as Complete after it is marked as Delivered and then accepted by a Buyer. An Order will be automatically marked as Complete if not accepted and no request for modification was submitted within 2 days after the Order was marked as Delivered.
- An Order is marked as Complete after it is marked as Delivered and then accepted by a Buyer. An Order will be automatically marked as Complete if not accepted and no request for modification was submitted within 2 days after the Order was marked as Delivered. The Buyer may extend such period by up to 4 additional days.
- We encourage our Buyers and Sellers to 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 Gigred's Customer Support department for assistance here. Please refer to the Payment Terms for more information about disputes, Order cancellations, and refunds.
- A milestone (on an Order with milestones) is marked as Complete after it is delivered by the Seller and then accepted by the Buyer. A milestone will be automatically marked as complete if no acceptance or request for modification is submitted within 4 days after being marked as Delivered. However, the Order will be stopped in such a case, and all further milestones will not start. Once a milestone is delivered and accepted, Buyers may choose to either continue with the Order and pay for the next milestone or to stop the Order. Buyer needs to pay for the next milestone within 5 days of acceptance of previous milestones so the Order under the next milestones will start. Please note that if you choose to stop the future milestones, the current ordered milestone will continue.
- Buyers may purchase a Gig Subscription if available on the Seller's Gig page. During the Gig Subscription term, a new Order of the same Gig will be automatically created on a recurring basis, as agreed between the Seller and Buyer. By purchasing a Gig Subscription, you authorize us to automatically charge you for each Order under the Gig Subscription from your Gigred Balance or saved payment method, as applicable. If you do not have any Gigred Balance or a saved payment method, you will be requested to approve the payment before the next Order. If payment is not processed or made by the Buyer, the Orders under the Gig Subscription will be canceled for any other reason. Buyer may also cancel future Orders under the Gig Subscription before payment is made for such future Orders. Once payment is made, Gigred's Order Cancelation policy under the Payment Terms will apply. Please note that Sellers can cancel future Orders under the Gig Subscription 7 days before the next consecutive Order.
- Certain Gigs that offer local services might require Buyers and Sellers to meet in person for the Seller to perform the service. In such cases, users should note that Gigred does not guarantee the Buyer's or Seller's behavior, conduct, safety, suitability, or ability. Both Buyers and Sellers agree that the entire risk arising from their meeting and/or their use or performance of local services remains solely with them. Gigred has no responsibility or liability related to any local services provided by the Sellers. If the service is performed on the Buyer's premises, the Buyer is encouraged to maintain proper insurance policies to cover their liability as the Premise Owner. Gigred's Terms of Service and Community Standards apply to Orders performed outside of the marketplace (including, among others, the below restrictions on Unlawful Use, Inappropriate Behavior and language, and Targeted Abuse).
Handling Orders
- When a Buyer orders a Gig, the Seller is notified by email as well as notifications on the Site while logged into the account.
- Sellers are required to meet the delivery time they specified when creating their Gigs. Failing to do so will allow the Buyer to cancel the Order when an Order is marked as late and may harm the Seller's status.
- Sellers must send completed files and/or proof of work using the Deliver Completed Work button (located on the Order page) to mark the Order as Delivered.
- Users are responsible for scanning all transferred files for viruses and malware. Gigred will not be held responsible for any damages that might occur due to site usage, use of Content, or files transferred.
- Buyers may use the "Request Revisions" feature located on the Order Page. At the same time, an Order is marked as Delivered if the delivered materials do not match the Seller's description on their Gig page or they do not match the requirements sent to the Seller at the beginning of the order process.
Reviews
- Reviews provided by Buyers are an essential part of Gigred's rating system. To learn more about Gigred's review system, please see here.
- Reviews will only be removed if there are clear violations of our Terms of Service and/or Community Standards.
- To prevent misuse of our review system, all reviews must come from legitimate and eligible orders, as further detailed here. Purchases arranged, determined to artificially enhance Seller ratings, or abuse the Gigred platform will permanently suspend all related accounts.
- Withholding the delivery of services, files, or information required to complete the Gig's service with the intent to gain favorable reviews or additional services is prohibited. Sellers may refrain from soliciting the removal of feedback reviews from their Buyers through mutual cancellations.
- Once both Seller and Buyer have completed their reviews, or the applicable review period has passed, all posted reviews are made public.
- Work Samples are added to a Seller's Live Portfolio on their Gig page if the Buyer chooses to publish the Work Sample while providing a public feedback review. Work Samples are the delivered images and videos sent to a Buyer in a delivery message.
Disputes and Cancellations
We encourage our Buyers and Sellers to 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 Gigred's Customer Support department for assistance here. Please refer to the Payment Terms for more information about disputes, Order cancellations, and refunds.
User Conduct and Protection
Gigred enables people worldwide to create, share, sell, and purchase nearly any service they need at an unbeatable value. Services offered on Gigred reflect the diversity of an expanding Gig economy. Members of the Gigred community communicate and engage through orders, social media, and Gigred's Community Forums.
Gigred maintains a friendly, community-spirited, and professional environment. Users should keep to that spirit while participating in any activity or extension of Gigred. This section relates to the expected conduct users should adhere to while interacting with each other on Gigred.
Please contact our Customer Support team here to report a violation of our Terms of Service and/or our Community Standards, User Misconduct, or inquiries regarding your account.
Basics
- Requesting or providing Email addresses, Skype/IM usernames, telephone numbers or any other personal contact details to communicate outside of Gigred to circumvent or abuse the Gigred messaging system or Gigred platform is not permitted.
- Any necessary exchange of personal information required to continue a service may be exchanged within the Order Page.
- Gigred does not guarantee the level of service offered to Buyers. You may use the dispute resolution tools provided to you in the Order Page.
- Gigred does not protect users who interact outside the Gigred platform.
- All information and file exchanges must be performed exclusively on Gigred's platform.
- Rude, abusive, improper language or violent messages will not be tolerated. They may result in an account warning or the suspension/removal of your account.
- Gigred is open to everyone. You undertake not to discriminate against any other user based on gender, race, age, religious affiliation, sexual orientation or otherwise, and you acknowledge that such discrimination may result in the suspension/removal of your account.
- Users may not submit proposals or solicit parties introduced through Gigred to contract, engage with, or pay outside Gigred.
Orders
- Users who defame competing Sellers by ordering from competing services will have their reviews removed or further account status-related actions determined by review by our Trust & Safety team.
- Users are to refrain from spamming or soliciting previous Buyers or Sellers to pursue removing/modifying reviews or canceling orders that do not align with Order Cancellation or Feedback policies.
Gigs
- Users may report Gigs to Customer Support that may violate Gigred's Terms of Service based on the reported Gig's replicated similarity to pre-existing services (copycat Gigs).
- Sellers warrant that any content included in their Gigs shall be original work conceived by the Sellers and shall not infringe any third-party rights, including, without limitation, copyrights, trademarks or service marks. If certain music or stock-footage media are incorporated within the Gigs, Sellers represent and warrant that they hold a valid license to use such music and/or footage and to include them in the Gigs.
- Gigred will respond to clear and complete notices of alleged copyright or trademark infringement. Our Intellectual Property claims procedures can be reviewed here.
Reporting Violations
If you come across any content that may violate our Terms of Service and/or our Community Standards, you should report it to us through the appropriate channels created to handle those issues outlined in our Terms of Service. All cases are reviewed by our Trust & Safety team. To protect individual privacy, the results of the investigation are not shared. You can review our Privacy Policy for more information.
Violations
Users may receive a warning to their account for violations of our Terms of Service and/or our Community Standards, 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 being permanently disabled based on the severity of the violation.
Non-Permitted Usage
Adult Services & Pornography - Gigred does not allow any exchange of adult-oriented or pornographic materials and services.
Inappropriate Behavior & Language - Communication on Gigred should be friendly, constructive, and professional. Gigred condemns bullying, harassment, and hate speech towards others. We allow users a medium for exchanging messages 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 - Members' security is a top priority. Any attempts to publish or send malicious Content intending to compromise another member's account or computer environment is strictly prohibited. Please respect our member's 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 to complete a service must be provided on 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 other than to deliver the work to the Buyer. Any users who engage and communicate off of Gigred will not be protected by our Terms of Service.
Authentic Gigred Profile - You may not create a false identity on Gigred, misrepresent your identity, create a Gigred 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., must be accurate and complete and may not be misleading, illegal, offensive or otherwise harmful. Gigred reserves the right to require users to go through a verification process to use the Site (whether by using ID, phone, camera, etc.).
Intellectual Property Claims - Gigred will respond to clear and complete notices of alleged copyright or trademark infringement and/or violation of third party's terms of service. Our Intellectual Property claims procedures can be reviewed here.
Fraud / Unlawful Use - You may not use Gigred for any unlawful purposes or to conduct illegal activities.
Abuse and Spam
Multiple Accounts - Users are limited to one active Gigred account to prevent fraud and abuse. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the Gigred community will be disabled. Mass account creation may result in the disabling of all related accounts. Note: Any violations of Gigred's Terms of Service and/or our Community Standards are a 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 Gigred. This includes creating multiple new accounts to harass members through our message or ordering system.
Selling Accounts - You may not buy or sell Gigred accounts.
Proprietary Restrictions
The Site, including its general layout, look and feel, design, information, content and other available materials, is exclusively owned by Gigred and protected by copyright, trademark, and other intellectual property laws. 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, transmit, display, create derivative works, publish 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) remove any copyright notice, identification or any other proprietary notices; (iv) use automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Site; (v) attempt to gain unauthorized access to, interfere with, damage or disrupt the Site or the computer systems or networks connected to the Site; (vi) circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Site; (vii) use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, "mines," scrapes or otherwise accesses the Site to monitor, extract, copy or collect information or data from or through the Site, or engage in any manual process to do the same, (viii) introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful into our systems, (ix) 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 or (x) access or use the Site in any way not expressly permitted by these Terms of Service. Users agree not to permit or authorize anyone else to do the preceding.
Except for the limited right to use the Site according to these Terms of Service, Gigred owns all rights, title and interest in and to the Site (including any intellectual property rights therein). You agree not to take any action(s) inconsistent with such ownership interests. We reserve all rights concerning the Site and its content (other than UGC), including, without limitation, the exclusive right to create derivative works.
Feedback Rights
To the extent that you provide Gigred with any comments, suggestions or other Feedback regarding the Gigred platform or the Site as a whole, as well as other Gigred products or services (collective, the "Feedback"), you will be deemed to have granted Gigred an exclusive, royalty-free, fully paid up, perpetual, irrevocable, worldwide ownership rights in the Feedback. Gigred is not obligated to implement any Feedback it may receive from users.
Confidentiality
Sellers should recognize that Buyers might need to disclose certain confidential information to be used by Sellers to deliver the ordered work and to protect such confidential information from unauthorized use and disclosure. Therefore, Sellers agree to treat any information received from Buyers as highly sensitive, top secret and classified material. Without derogating from the generality of the above, Sellers specifically agree to (i) maintain all such information in strict confidence; (ii) not disclose the information to any third parties; (iii) not use the information for any purpose except for delivering the ordered work; and (vi) not to copy or reproduce any of the information without the Buyer's permission.
General Terms
- Gigred reserves the right to put any account on hold or permanently disable accounts due to breach of these Terms of Service and/or our Community Standards, including low-quality services or deliveries, or due to any illegal or inappropriate use of the Site or services.
- Violating Gigred's Terms of Service and/or our Community Standards may get your account disabled permanently.
- Users with disabled accounts cannot sell or buy on Gigred.
- Users who have violated our Terms of Service and/or our Community Standards and had their account disabled may contact our Customer Support team for more information surrounding the violation and status of the account.
- Users can enable account Security features to protect their accounts from unauthorized usage.
- Users must be able to verify their account ownership through Customer Support by providing materials that prove ownership of that account.
- Disputes should be handled using Gigred's dispute resolution tools ('Resolution Center' on the order page) or by contacting Gigred Customer Support.
- Gigred may make changes to its Terms of Service from time to time. Gigred will make a new copy of the terms of service available on this page when these changes are made.
- You understand and agree that if you use Gigred after reading these Terms of Service, Gigred will treat your use as acceptance of the updated Terms of Service.
User Generated Content
User-generated content ("UGC") refers to the content added by users instead of content created by the Site. All content uploaded to Gigred by our users (Buyers and Sellers) is User Generated Content. Gigred does not check user-uploaded/created content for appropriateness, violations of copyright, trademarks, or other rights or violations, and the user uploading/creating such content shall be solely responsible for it and the consequences of using, disclosing, storing, or transmitting it. By uploading to or creating content on the Gigred platform, you represent and warrant that you own or have obtained all rights, licenses, consents, permissions, power and/or authority necessary to use and/or upload such content and that such content or the use thereof in the Site does not and shall not (a) infringe or violate any intellectual property, proprietary or privacy, data protection or publicity rights of any third party; (b) violate any applicable local, state, federal and international laws, regulations and conventions; and/or (c) violate any of your or third party's policies and/or terms of service. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled.
Furthermore, Gigred is not responsible for the content, quality or level of service the Sellers provide (even if they are Top Rated Sellers, offer Promoted Gigs or otherwise). We provide no warranty concerning the Gigs, their delivery, or any communications between Buyers and Sellers. We encourage users to use our rating system, community, and common sense in choosing appropriate services.
By offering a service, the Seller undertakes that they have sufficient permissions, rights and/or licenses to provide, sell or resell the service offered on Gigred. Sellers advertising their online Gig must comply with the laws and terms of service of the advertising platform or relevant website used to advertise. Failing to do so may result in removing the Gig as applicable. It may lead to the suspension of the Seller's account.
For specific terms related to Intellectual Property rights and for reporting claims of copyright infringement (DMCA notices) or trademark infringement - please see our Intellectual Property Claims Policy, which forms an integral part of these Terms of Service. Note that it is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
Ownership
When purchasing a Gig on Gigred, 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 copyright in the work delivered from the Seller. The Seller waives any and all moral rights therein. Accordingly, the Seller assigns the Buyer the copyright in the delivered work. All transfer and assignment of intellectual property to the Buyer shall be subject to full payment for the Gig, and the delivery may not be used if payment is canceled for any reason. For removal of doubt, in custom-created work (such as artwork, design work, report generation etc.), the delivered work and its copyright shall be the exclusive property of the Buyer and, upon delivery, the Seller agrees that it thereby, according to these Terms of Service, assigns all right, title and interest in and to the delivered work to the Buyer. Some Gigs (including for custom-created work) charge additional payments (through Gig Extras) for a Commercial Use License. If you purchase the Gig for personal use, you will own all the rights you require 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 Voice Over to promote a product and/or service (except for paid marketing channels), you must purchase the Commercial Rights (Buy-Out) through Gig Extra. To use the Voice Over in radio, television and internet commercials, you must purchase the Full Broadcast Rights (Buy-Out) through Gig Extra. For further information on the type of buy-outs, please read below.
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 Commercial Rights (Buy-Out) with your order, in addition to the fundamental rights, the Seller grants you a license to use the Voice Over for any corporate, promotional, and non-broadcast purposes. Corporate, promotional, and non-broadcast purposes mean any business-related use for the creation of or to promote a for-product profit or service (except for 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 Full Broadcast Rights (Buy-Out) with your order, in addition to the Commercial Rights, the Seller grants you 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 Gigred's Terms of Service. There is no warranty, express or implied, with the purchase of this delivery, including concerning fitness for a particular purpose. Neither the Seller nor Gigred will be liable for any claims or incidental, consequential, or other damages arising from this License, the delivery, or your use of the delivery.
Gig Commercial Use License
By purchasing a "Commercial Use License" with your Gig Order, the Seller grants you a perpetual, exclusive, non-transferable, worldwide license to use the purchased delivery for Permitted Commercial Purposes. For the avoidance of doubt, the Seller retains all ownership rights. "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, and strictly excludes any illegal, immoral, or defamatory purpose. This License is subject to Gigred's Terms of Service. There is no warranty, express or implied, with the purchase of this delivery, including concerning fitness for a particular purpose. Neither the Seller nor Gigred will be liable for any claims or incidental, consequential, or other damages arising from this License, the delivery, or your use of the delivery.
Disclaimer of Warranties
Using the Site, its content, or obtaining any services or items through it carries inherent risks, and you do so at your own discretion. The Site, its content, and any services or items acquired through the Site are offered without any guarantees, expressed or implied, and are provided on an "as is" and "as available" basis. Gigred and any individuals affiliated with Gigred do not provide warranties or assurances regarding the Site's completeness, security, reliability, quality, accuracy, or availability.
The preceding does not affect any warranties that cannot be excluded or limited under applicable law.
Machine Translation
Certain user-generated content on the Site can be translated conveniently using translation software powered by Amazon or Google. However, no automated translation is perfect or intended to replace human translators. No warranty of any kind, expressed or implied, is made regarding the accuracy, reliability, or correctness of such translations made from English into any other language. Some user-generated content (such as images, videos, Flash, etc.) may not be accurately translated or translated at all due to the limitations of the translation software.
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 official text is the English version of the Site. 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 in the translated content, please refer to the official English version.
Limitation on Liability
In no event will Gigred, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use or inability to use, the site, any websites linked to it, any content on the site or such other websites or any services or items obtained through the site or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
The preceding does not affect any liability 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 Gigred, where control means having more than fifty percent (50%) voting stock or other ownership interest or the majority of voting rights of such entity.