Effective August 16th 2024
The following terms of service (these “Terms of Service”), govern your access to and use of the Gigred website and mobile application, including any content, functionality, and services offered by Gigred Studios Private Limited, India. Gigred is referred hereto as “Gigred” “we” or “us” and “you” or “user” means you as a user of the Site.
Please read the Terms of Service carefully before using the Site. By using the Site, opening an account, or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree, on behalf of yourself or on behalf of your employer or any other entity (if applicable), to be bound and abide by these Terms of Service, Gigred Payment Terms, Gigred’s Community Standards, and any additional standards, conditions, policies, guidelines and in-product disclosures (collectively, the “Terms”), which are incorporated herein by reference. You further acknowledge you have read and understood our Privacy Policy. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Site. For more detailed policies surrounding the activity and usage on the Site, please access the designated articles herein.
Our Customer Support team is available 24/7 if you have any questions regarding the Site or Terms. Contacting our Customer Support team can be performed here.
Representations and Warranties
This Site is offered and available to users who are at least 18 years of age and 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 Gigred services.
The Site is available only to users who are not subject to any economic sanctions or trade restrictions imposed by the United States, European Union, or any other applicable jurisdiction.
By using the Site, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.
Key Terms
Overview
- Only registered users may buy and sell on Gigred. In registering for an account, you agree to provide us with accurate, complete and updated information regarding your business or personal details, and update such details as required, without undue delay. In addition, you 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.
- Freelancers determine their pricing, at their sole discretion. Services on Gigred may be offered at a base starting price of US$5 and a minimum Hourly Rate of US$3. Gigred reserves the right to set a higher base starting price in certain categories.
- Clients pay Gigred in advance to create an Order, as further detailed on the Payment Terms.
- For fees and payments please read the Payment Terms.
- Freelancers must fulfill their Orders, and may not cancel Orders on a regular basis or without cause. Cancelling Orders will affect Freelancers reputations and badges.
- Freelancers gain account badges based on their performance metrics. You can read more about it in the badges section below.
- Users may not offer or accept payments using any method other than placing an Order through Gigred.
- When purchasing on Gigred, Clients are granted all rights for the delivered work, unless otherwise specified by the Freelancer on their Gig page or unless agreed otherwise between the Freelancer and Client. Note: Some gigs or jobs 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 delivered work that the user has agreed to include and is published as part of a review for Gigred marketing and promotion purposes.
- We care about your privacy. You can read our Privacy Policy here.
Freelancers
Basics
- Freelancers create Gigs on Gigred to allow Clients to purchase their services.
- Freelancers may also offer Custom Offers to Clients in addition to their Gigs. Freelancers may also offer services on an hourly basis.
- Each Gig you sell and successfully complete accredits your account with a revenue equal to 85% of the purchase amount. For Hourly Contracts, accredits your account with revenue equal to 85% of the Hourly Rate for the number of hours.
- Gigred accredits Freelancers once an Order is completed. See our “Orders” section below for more information.
- For more information about receiving payments, fees, and taxes see the Payment Terms.
- Freelancers may not promote their Gigs, Freelancer Page, or any Gigred content via the Google Ads platform.
- The Freelancer’s rating is calculated based on the reviews posted by Clients. High ratings allow Freelancers to obtain advanced Freelancer Badges. In certain cases, exceedingly low ratings may lead to the suspension of the Freelancer’s account (see Badges section below).
- Freelancers 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.
- If you declare yourself to sell on Gigred for purposes relating to your primary job or profession, you will be considered an “Agency Freelancer” and the following additional term will apply to you: (i) Upon creating a Gig, or upon our request, Agency Freelancer, will be required to submit the following information and documents to Gigred: (a) Name, address, telephone number, and email address; (b) Copy of an identification document (e.g. identity card, passport) or other electronic identification as may be required by us; (c) Payment details; (d) Trade registration number or equivalent means of identification and the trade register in which the Agency Freelancer is registered (if applicable); (e) Self-certification by the Agency Freelancer committing to only offer products or services that comply with the European Union applicable regulations; and (f)Upon our request, further appropriate documents that prove the information provided. (ii) If an Agency Freelancer fails to provide this information and documents within a given reasonable deadline, Gigred may restrict or suspend the account.
Gigs
- Freelancers are allowed to post a select amount of active Gigs based on their badges status, as further detailed here.
Clients
Basics
- You may not offer direct payments to Freelancers using payment systems outside of the Gigred platform.
- Gigred retains the right to use all delivered work that the user has agreed to include and is published as part of a review for Gigred marketing and promotion purposes.
- Clients can request Freelancer a Custom Offer which addresses specific Client requirements. Clients may also use brief features to ask for services. Services requested on Gigred must be an allowed service on Gigred. Please click here for guidelines on approved services. Users should refrain from using such features for any purpose other than looking for services on Gigred.
- When placing an Order on the Gigred platform you may only use funds that were obtained from legal sources and are not, directly or indirectly, connected to any unlawful or fraudulent activities.
Purchasing
- Please refer to the Payment Terms for making payments through the Site and to learn about fees and taxes.
- You may not offer Freelancers to pay, or make payments using any method other than through the Gigred platform. In case 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. For Hourly Contracts, once payment of the Order Initiation Fee is confirmed the Order will be created.
- An Order is marked as Complete after it is marked as “Completed” and then accepted by a Client. An Order will be automatically marked as “Complete” if not accepted and no request for modification was submitted within 3 days after the Order was marked as “Delivered”. The Client may extend such period by up to 5 additional days.
- For hourly contracts, a weekly report will be automatically marked as complete if it is not disputed within 72 hours after charging the Client’s payment method.
- A milestone (on an Order with milestones) is marked as “Complete” after it is delivered by the Freelancer and then accepted by the Client. A milestone will be automatically marked as “Complete” if no acceptance or request for modification is submitted within 8 days after being marked as Delivered, however, in such case the Order will stop and all further milestones will not start. Once a milestone is delivered and accepted, Clients may choose to either continue with the Order and pay for the next milestone, or to stop the Order. If the Client does not pay for the next milestone within 10 days of acceptance of previous milestones, the Order under the next milestone will not start. Please note that if you choose to stop future milestones, the current ordered milestone will not be canceled.
- Certain Gigs that offer local services might require Clients and Freelancers to meet in person for the Freelancer to perform the service. In such cases, users should note that Gigred does not guarantee the behavior, conduct, safety, suitability, or ability of either Clients or Freelancers. Both Clients and Freelancers agree that the entire risk arising out of their meeting and/or their use or performance of local services remains solely with them, and Gigred has no responsibility or liability related to any local services provided by the Freelancers. If the service is performed on the Client’s premises, Clients are encouraged to maintain proper insurance policies to cover their liability as the premise owner. Gigred’s Terms remain applicable to Orders that are performed outside of the marketplace (including, among others, the below restrictions on Unlawful Use, Inappropriate Behavior & Language, and Targeted Abuse).
Handling Orders
- When a Client places an Order, the Freelancer is notified by email as well as notifications on the Site while logged into the account.
- Freelancers are required to meet the delivery time they specified when creating their Gigs or Custom Offers. Failing to do so will allow the Client to cancel the Order when an Order is marked as late and may harm the Freelancer’s level.
- Freelancers must send completed files and/or proof of work when marking the Order as “Delivered”.
- The Deliver File button may not be abused by Freelancers to circumvent Order guidelines described in these Terms. Using the “Deliver File” button when an Order was not fulfilled may result in a cancellation of that Order after review, affect the Freelancer’s rating, and result in a warning to the Freelancer.
- Users are responsible for scanning all transferred files for viruses and malware. Gigred will not be held responsible for any damages which might occur due to site usage, use of content, or files transferred.
- Clients may Request Revisions while an Order is marked as Completed if the delivered materials do not match the Freelancer’s description on their Gig Page or they do not match the requirements sent to the Freelancer at the beginning of the Order process.
Reviews
- Reviews provided by Clients are an essential part of Gigred’s rating system. To learn more about Gigred’s review system, please see here.
- Reviews will not be removed unless there are clear violations of our Terms.
- 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 Freelancer ratings, or to abuse the Site, may result in a permanent suspension of all related accounts.
- Withholding the delivery of services, files, or information required to complete the Gig’s or Job’s service with the intent to gain favorable reviews or additional services is prohibited. Freelancers may not solicit the removal of feedback reviews from their Clients through mutual cancellations.
- Once the Client has completed their reviews, or the applicable review period has passed, all posted reviews are made public.
- Work Samples are added to a Freelancer’s Gig gallery on their Gig Page if the Client chooses to publish the Work Sample while providing a public feedback review. Work Samples are the delivered images and videos sent to a Client in a delivery message.
User Conduct and Protection
Gigred enables people around the world to create, share, sell, and purchase nearly any service they need at an unbeatable value.
Gigred maintains a friendly, community-spirited, and professional environment. Users should keep to that spirit while participating in any activity or extensions of Gigred. This section relates to the expected conduct users should adhere to while interacting with each other on Gigred.
To report a violation of our Terms, User Misconduct, or inquiries regarding your account, please contact our Customer Support team here.
Basics
- Requesting or providing email addresses, third-party messaging applications, telephone numbers, or any other personal contact details to communicate outside of Gigred in order 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 provide any guarantee of the level of service offered by Freelancers to Clients. You may use the dispute resolution tools provided to you in the Order Page.
- Gigred does not protect users who interact outside of the Site.
- All information and file exchanges must be performed exclusively on the Site.
- Rude, abusive, or improper language and violent or threatening messages will not be tolerated and may result in an account warning or the suspension/removal of your account.
- 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 of Gigred.
Orders
- Users to defame competing Freelancers 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 Clients or Freelancers to pursue removing/modifying reviews or cancelling Orders that do not align with Order Cancellation or Feedback policies.
Gigs, Jobs & Freelancer Page
- Freelancers warrant that any content included in their Services, Gig Page, and Freelancer Page, is original work conceived by the Freelancer and does not infringe any third party rights, including, without limitation, copyrights, trademarks, or service marks. In the event that certain music or stock-footage media are incorporated within the Service, Gig Page, or Freelancer Page, Freelancers represent and warrant that they hold a valid license to use such music and/or footage and to include them in the Gigs.
- Users may report Gigs/Jobs, that may violate Gigred’s Terms based on the reported Gig’s replicated similarity to pre-existing services (copycat Gigs/Jobs) through our reporting system or to Customer Support.
- Gigred will respond to clear and complete notices of alleged copyright or trademark infringement. To learn how to report IP violations click here. If you are reporting copyright or trademark infringement, see our designated Intellectual Property Claims Policy here.
Reporting Violations
If you come across any content that may violate our Terms and/or our Community Standards, you should report it to us through the appropriate channels created to handle those issues as outlined in our Terms. All cases are reviewed by our Trust & Safety team. Our decision, among others, may rely on the information that you provided to us. To protect individual privacy, the results of the investigation are not shared. You can review our Privacy Policy for more information. Any misuse of our reporting system, as further detailed here, may result in a restriction or a permanent suspension of the related accounts.
Violations
- Users may receive a warning to their account for violations of our Terms 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 result in your account being placed on hold from progress in the leveling system, excluding your account from participation in the leveling system, affecting your eligibility for certain benefits and tools, removing your Gigs from our listings, or lead your account to become permanently disabled.
- If we have taken action against a user’s account or a Gig(s)/Job(s), for the violation of our Terms, we will send the user an email explaining the reasons and basis for such actions as well as their options regarding an additional review. For more information see our Notices and Appeals section.
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 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 – Members’ security is a top priority. Any attempts to publish or send malicious content with the intent to compromise another member’s account or computer environment are 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 Services 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 on the Order Page. Freelancers further confirm that whatever information they receive from the Client, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the Client. 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 in order to use the Site (whether by using ID, phone, camera, register excerpts, documents, 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, including to bypass economic sanctions or trade restrictions imposed by the United States, European Union, or any other applicable jurisdiction.
Abuse and Spam
- Multiple Accounts – To prevent fraud and abuse, users are limited to one active Gigred account. 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 may be 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 new multiple accounts to harass members through our message or ordering system.
- Selling Accounts – You may not buy or sell Gigred accounts.
Disputes and Cancellations
We encourage our Clients and Freelancers 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 the Customer Support department for assistance here. For more information about disputes, Order cancellations, and refunds please refer to the Payment Terms.
Content Moderation, Notices and Appeals
- Gigred is generally not obligated to proactively check the content posted by users for its legality or compatibility with Terms. We are nonetheless entitled to carry out voluntary checks on our own initiative to identify and determine illegal or incompatible content and to take appropriate measures. We may take appropriate actions if we find or are notified of, a violation of the Terms. For more information on our content moderation processes, see here.
- If Gigred takes action concerning you, your account or content, you can file a complaint against this decision. You may also file a complaint if you disagree with our decision following a notice you submitted. In both cases, the deadline for submitting a complaint is six months following the notification of the respective decision to you. You may file a complaint by contacting our Customer Support. Please explain in your complaint why you believe we should reverse our decision.
- We will handle complaints in a timely, non-discriminatory, diligent, and objective manner and will reverse our decision if we come to the conclusion that it has been taken erroneously.
- If you have your place of establishment or are located in the European Economic Area (EEA), you may select an out-of-court dispute settlement body that has been certified in accordance with Art. 21 (3) of the EU Digital Services Act (“Dispute Settlement Body”) to resolve disputes relating to our decisions concerning content you uploaded or notices you submitted, including complaints that our internal complaint-handling system did not resolve.
- We reserve the right to refuse to cooperate with the selected Dispute Settlement Body if: (i) the respective dispute has already been resolved or is already subject to an ongoing procedure before the competent court or before another competent Dispute Settlement Body; or (ii) the six-months period from notification of our decision to you has expired without you filing a complaint through our internal complaint-handling or addressing the Dispute Settlement Body.
- The decisions of Dispute Settlement Bodies are not binding on either party.
Proprietary Restrictions
The Site, including its general layout, look and feel, design, information, content, and other materials available thereon, 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 the Terms. Users also agree not to permit or authorize anyone else to do any of the foregoing.
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) and you agree not to take any action(s) inconsistent with such ownership interests. We reserve all rights in connection with 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 Site, 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 under no obligation to implement any Feedback it may receive from users.
Confidentiality
Freelancers should recognize that there might be a need for Clients to disclose certain confidential information to be used by Freelancers to deliver the Services, and to protect such confidential information from unauthorized use and disclosure. Therefore, Freelancers agree to treat any information received from Clients as highly sensitive, top secret and classified material. Without derogating from the generality of the above, Freelancers 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 Services; and (vi) not to copy or reproduce any of the information without the Client’s permission.
User Generated Content
User Generated Content (“UGC”) refers to the content uploaded by users as opposed to content created by the Site. All content uploaded to the Site by our users (Clients and Freelancers) is User Generated Content. Gigred does not proactively check UGC for appropriateness, violations of copyright, trademarks, 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 Site, 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. Violating content may be removed or disabled. To learn more on our reporting tools, see here.
Furthermore, Gigred is not responsible for the content, quality, or level of service provided by the Freelancers. We provide no warranty concerning Services on Gigred, their delivery, or any communications between Clients and Freelancers. We encourage users to take advantage of our rating system, our community, and common sense in choosing appropriate services.
By offering a Service, the Freelancer undertakes that they have sufficient permissions, rights, and/or licenses to provide, sell, or resell the service that is offered on Gigred. Users advertising online their Services, including Gig Pages, Freelancer Pages, or Job Pages 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 the removal of the Gig/Job as applicable, and may lead to the suspension of the Freelancer’s or Client’s account.
For specific terms related to Intellectual Property rights and for reporting claims of copyright infringement or trademark infringement – please see our Intellectual Property Claims Policy which forms an integral part of the Terms. 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 Service on Gigred, unless clearly stated otherwise on the Freelancer’s Gig page/description or in the Custom Offer, when the work is delivered, and subject to payment, the Client is granted all intellectual property rights, including but not limited to, copyright in the work delivered from the Freelancer, and the Freelancer waives any moral rights (to the extent permitted by applicable law) therein. Accordingly, the Freelancer expressly assigns to the Client the copyright in the delivered work. All transfer and assignment of intellectual property to the Client shall be subject to full payment, 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 Client and, upon delivery, the Freelancer agrees that it thereby, under the Terms, assigns all right, title and interest in and to the delivered work to the Client. 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 Client is purchasing basic rights (which means the Client is paying a one time fee allowing them to use the work forever and for non-commercial purposes). If you intend to use 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 Addon. For further information on the type of buy-outs, please read below.
Furthermore, users (both Clients and Freelancers) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to Gigred, including Gig texts, photos, videos, usernames, user photos, user videos, and any other information, including the display of delivered work, may be used by Gigred for no consideration for marketing purposes and/or other purpose relevant for the operation and function of the Site.
Voice Over Commercial Buy-Out
When purchasing a Voice Over Service, the Freelancer grants you a non-commercial, perpetual, exclusive, non-transferable, worldwide license to use the purchased Voice Over. This excludes any commercial use, including radio, television and internet commercial spots.
By purchasing Commercial Rights (Buy-Out) with your order, in addition to the basic rights, the Freelancer grants you a license to use the Voice Over for any commercial promotional and non-broadcast purposes for such period agreed with the Freelancer (and unless agreed otherwise – in perpetuity). Commercial, promotional, and non-broadcast purposes mean any business-related use for the creation of, or to promote a for-profit product or service (except 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 Freelancer grants you with a license for full broadcasting for such period agreed with the Freelancer (and unless agreed otherwise – in perpetuity). Full Broadcasting includes internet, radio, and TV “paid channels”, such as (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. There is no warranty, express or implied, with the purchase of this delivery, including concerning fitness for a particular purpose. Neither the Freelancer nor Gigred 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 Freelancer grants you a perpetual, exclusive, non-transferable, worldwide license to use the purchased delivery for Permitted Commercial Purposes. For the avoidance of doubt, the Freelancer 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, etc., and strictly excludes any illegal, immoral, or defamatory purpose. This License is subject to Gigred’s Terms. There is no warranty, express or implied, with the purchase of this delivery, including concerning fitness for a particular purpose. Neither the Freelancer nor Gigred 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 site is at your own risk. The site, its content, and any services or items obtained through the site are provided “as is” and “as available,” without any warranties of any kind, whether express or implied, provided that we have exercised reasonable professional diligence. Neither Gigred nor any person associated with Gigred makes any warranty or representation regarding the completeness, security, reliability, quality, accuracy, or availability of the site.
The above does not affect any warranties that cannot be excluded or limited under applicable law.
Machine Translation
Certain user-generated content on the Site may be translated for your convenience using Google-powered translation software. These automated translations are not perfect and are not intended to replace human translators. They are provided “as is” as a service to Site users, with no guarantee of accuracy, reliability, or correctness. Limitations of the translation software mean that some user-generated content (e.g., images, videos, Flash) may not translate accurately or may not be translated at all.
Google disclaims all express or implied warranties related to these translations, including any guarantees of accuracy, reliability, and implied warranties of merchantability, fitness for a specific purpose, and non-infringement.
The official version of the Site is in English. Any discrepancies or differences in the translations are not legally binding and have no legal effect for compliance or enforcement purposes. For any questions regarding the accuracy of translated content, please refer to the English version, which is the authoritative version.
Limitation on Liability
As long as we have exercised reasonable professional diligence, Gigred, its affiliates, licensors, service providers, employees, agents, officers, or directors will not be liable for any damages of any kind, under any legal theory, that arise from or are related to your use or inability to use the site, any linked websites, the content on the site or those websites, or any services or items obtained through the site or such websites. This includes, but is not limited to, direct, indirect, special, incidental, consequential, or punitive damages, such as personal injury, pain and suffering, emotional distress, loss of revenue, profits, business opportunities, anticipated savings, use, goodwill, or data, whether caused by negligence, breach of contract, or otherwise, even if foreseeable.
The above does not impact any liability that 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 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.
Deactivate and Disable Account
- Gigred reserves the right to put any account on hold or permanently disable accounts due to a breach of the Terms, including low-quality services or deliveries, or due to any illegal or inappropriate use of the Site or services.
- Violation of Gigred’s Terms may get your account permanently disabled.
- Users with disabled accounts will not be able to sell or buy on Gigred and related content may be removed. Please refer to the Terms, in particular the Content Moderation, Notices, and Appeals section, for your rights to object to our decisions, or contact our Customer Support team for more information surrounding the violation and status of your account.
- Users may also deactivate their account with Gigred at any time from their account settings. Users who deactivate their accounts will still be responsible for any outstanding payment obligations. For more information, see “How to Deactivate or Permanently Delete your Account“.
- Any provisions of the Terms that relate to the relationship between a Freelancer and a Client regarding Orders on Gigred will remain in effect even after you deactivate your account, or after your access to Gigred is disabled.
Security Features
- Users have the option to enable account Security features to protect their account from any unauthorized usage.
- Users must be able to verify their account ownership through Customer Support by providing materials that prove ownership of that account.
General Terms
Changes to these Terms
- Gigred may make changes to these Terms from time to time. When these changes are made, Gigred will make a new copy of the Terms available on the respective page.
- You understand and agree that if you use Gigred after the date on which the Terms have changed, Gigred will treat your use as acceptance of the updated Terms. If you do not agree to the changes in the Terms, you will have to deactivate your account. For more information, see “How to Deactivate or Permanently Delete your Account“.
- Gigred may change these Terms due to changes in the Site, the Site’s policies, the services and in the usual course of developing our product, changes in any relevant feature or functionality of the Site, changes in circumstances beyond our reasonable control, to adapt to new technologies, and to address changes in law and regulatory requirements as well as security and fraud issues.
Indemnification
To the fullest extent possible under applicable law, you agree to defend, indemnify, and hold Gigred harmless, including its officers, directors, shareholders, employees, and agents, from and against any claims, damages, obligations, losses, liabilities, costs, debt and expenses (including attorneys’ fees) arising from (1) your violation of any of these Terms or any other Gigred Terms, policies and standards; (2) your violation of any third-party right, including any intellectual property right, access rights, property, or privacy right; and/or (3) any other type of claim that your Gig Page, Job Page, Freelancer Page, Services, your profile and/or your use of the Site or Gigred services caused to a third party, provided that Gigred acts with reasonable professional diligence. Gigred reserves the right to handle its legal defense however it deems fit—even if you are indemnifying Gigred—in which case you agree to cooperate with Gigred so it can execute its strategy.
Severability
If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Gigred’s failure to enforce any part of the Terms is not a waiver of its right to later enforce that or any other part of the Terms.
Entire Agreement
Our Terms constitute the entire agreement concerning the subject matter therein, and supersede any other agreement regarding the Site or services.
Interpretation
- Any heading, caption, or section title contained herein, and/or any explanation or summary columns, is provided only for convenience, and in no way alters and/or amend the provisions within the Terms nor shall it legally bind us in any way.
- The original language of the Terms is English. Gigred makes this translation available for convenience only. In case of conflicts between the original English version and any translation, the English version shall prevail. For consumers only, if you are residing in the EEA, the interpretation more favorable to the consumer shall prevail.