By accessing the website, you accept the following terms with the site "Writerslikeme", hereinafter "Writerslikeme".
We may modify this User Agreement and any linked information from time to time by posting the modified terms on the website, without notice.
The Website is an online place where Users buy and sell Seller Services and items. Buyers and Sellers must register for an Account in order to buy or sell Seller Services and/or items. The Website allows Users to work together online to complete and pay for projects, buy and sell items, and use the services we offer. We are not party to any contractual agreement between Buyer and Seller on the Site, we simply facilitate communications between the parties.
We may, from time to time, and without notice, change or add to the Website or information, products or services described therein. However, we make no commitment to keep the Website up to date. We are not liable to you or anyone else for any error in the information on the Website or if the information on the Website is out of date.
2. Scope of Application
3. Eligibility Criteria
You will not use the Website if:
- is not able to form legally binding contracts;
- are under the age of 18;
- a person who has been prohibited from receiving and providing services under the laws of the EU or other applicable jurisdiction;
- is suspended from use of the Website; or
- does not have a valid email address.
All free user accounts are associated with individuals. Login credentials should not be shared with others. The individual associated with the account will be responsible for all actions taken by the account, without limitation.
Subject to local law, a person 16 years of age or older but under 18 years of age may use an adult account with the permission of the account holder. However, the account holder is responsible for all actions taken by the account, without limitation.
Users may provide a trade name or a company name, which is associated with the User Account. Users acknowledge and agree that when a trade name or company name is associated with their Account, this User Agreement is a contract with the User as an individual (not with the company or business) and Users are solely responsible for all activities performed in connection with their Account.
A company, corporation, trust, partnership or other non-individual corporate entity may be a User subject to an eligible corporate account that pays corporate subscriptions.
We may, in our sole discretion, refuse to register any person or entity as a User.
You may not transfer or assign any right or obligation you have under this agreement without our prior written consent.
4. Use of Writerslikeme
By using the Website, you will not attempt to do any of the following:
- publish content or articles in inappropriate categories or areas on our websites and services.
- violate any law, third party rights or our policies, such as the Code of Conduct.
- not deliver payment for the services that have been delivered to you.
- do not deliver the Services purchased by the Seller.
- circumvent or manipulate our fee structure, billing process or fees owed to Blogomundo.
- publish false, inaccurate, misleading, defamatory or offensive content (including personal information).
- take any action that may undermine feedback systems or reputation (such as displaying, importing or exporting feedback information or using it for purposes unrelated to the Website).
- transfer your Blogomundo account (including feedback) and your username to another person without our consent.
- distribute or publish spam, unsolicited or bulk electronic communications, chain letters or pyramid schemes.
- distribute viruses or any other technology that may damage Blogomundo, the Website, or the interests or property of users (including their Intellectual Property Rights, privacy and publicity rights) or that is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or that may harass or cause distress or discomfort, or incite hatred of any person.
- download and add listings from our website for viewing with listings from other websites without our express written permission, frames, mirrors or otherwise incorporate any part of the website into another without our prior written permission.
- attempt to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any software program used by us in connection with the Website.
- copy, modify or distribute the rights or content of the Website or the copyrights and trademarks.
- collect or otherwise collect information about Users, including email addresses, without their consent.
5. Infringement of Intellectual Property Rights
It is our policy to respond to clear notices of alleged violations of intellectual property rights. Our Copyright Infringement Policy is designed to make notifying us of suspected infringement as simple as possible, while reducing the number of notifications we receive that are fraudulent or difficult to understand or verify. If you believe your Intellectual Property Rights have been violated, please notify us and we will investigate.
6. Fees and Services
We charge fees for certain services, such as project introduction fees, list updates and memberships. When you use a service that has a fee, you have the opportunity to review and accept the fees that will be charged to you based on our Schedule of Fees and Charges, which we may change from time to time and which will be updated by your posting on our website. We may choose to temporarily change our service rates for promotional events (e.g., membership discounts) or new services, and such changes will be effective when we post a temporary promotional event or new service on the Websites, or when you notify us through promotional correspondence.
Unless otherwise stated, rates are expressed in Euros.
Project commissions charged to Vendors may include offers, discounts or even be free in accordance with promotions that will be conveniently published. Blogomundo reserves the right to:
- reject the use of this promotion at its sole and absolute discretion, with respect to fair use and to prevent any suspicion of fraud.
- require the submission of additional information to any party requesting to make use of these promotions, to investigate fraud, risk management and other related purposes.
- cancel or modify promotions at any time.
During a limited promotional period, Blogomundo may provide limited credits or reduced rates to certain users as a reward for referrals from new users of the Buyer. The promotion is based on existing users of the "Referrers" website, who refer new "Referred" Buyer users, with the intention of publishing their first work. In some cases, credit may be given in the form of links or coupon codes, when the Referrer in that case is the website itself.
This is subject to the following conditions:
- The Referrer must be an existing user of the Website.
- All members of the program, are subject to all other terms and conditions of the website, which in case of dispute, are above this section.
- Program members must be 18 years of age or older.
- Users must be referred using specific promotional links or through links in e-mail or other promotional correspondence specific to each promotion.
- Users may be asked to provide payment verification or other user information before receiving credit.
- Any credit given in connection with this promotion may expire at a time determined by the Company.
- This site credit may only be used for the purpose of establishing a milestone payment, funding a prize for a new Contest, or paying the Site Project or Contest fees.
- Blogomundo reserves the right to review new Buyers for the purposes of this promotion to ensure fair use of the promotion. To be eligible for this promotion, referrals must not have had an active account from which a payment has been made.
- Both parties may be required to fill out and complete their profiles and/or pass identity checks before payments are released.
- This promotion may be withdrawn for a specific user or group of users, if significant reversals, fraud or chargebacks are observed, if there is a risk that funds will be subject to reversal or chargeback, in cases of referral disputes, or for any other reason.
- For any user you can choose to limit the maximum value of the site credit accumulated by a user or group of users.
Blogomundo reserves the right to:
- reject the use of this promotion at its sole and absolute discretion, with respect to the fair use of this promotion, or to prevent any suspicion of fraud.
- require the submission of additional information from any party requesting to make use of this promotion, to investigate fraud and for risk management and related purposes, in particular to request evidence of good faith work being done in connection with any project or contest funded by the credit of the site.
- cancel or modify this promotion at any time.
- cancel the promotion in any region if it is considered or becomes illegal to offer the promotion to any resident of that region.
- limit the total site credit available for the program.
- reverse the credit earned if it determines that referrers or referees are not acting as users of the site in good faith.
- eliminate credits or eliminate users from participating in the program if the company determines that users are acting in bad faith and are abusing the program.
- Any credit may not be duplicated, sold, traded or transferred in any way, including but not limited to being withdrawn for cash.
- The bonus credit is reserved only for recommended users who act at all times in good faith and who have registered on the site with the actual intention of using the website for the intended purposes.
- The decisions of the management are final. No correspondence will be received.
- Management, employees and their related companies are not eligible to participate in these programs.
- Any terms or conditions in these terms that are found void, unenforceable or illegal may be severed and the remaining terms and conditions will continue in full force and effect.
- Any terms or conditions in these terms that are found to be null, unenforceable or illegal may be deleted and the remaining terms and conditions will continue in full force and effect.
WLM is not responsible for any loss or damage suffered (including but not limited to, direct or consequential loss) or for any personal injury suffered or suffered.
You are responsible for paying all taxes, including goods and services or value added taxes, which may be applicable depending on the jurisdiction of the services provided.
Depending on your residence or location, you may be subject to certain ad valorem or other taxes (e.g. VAT in Spain) on certain fees we charge. These taxes will be added to the charges that will be billed to you, if applicable.
You acknowledge that you must comply with your obligations under the income tax provisions in your jurisdiction.
8. Payment Administration Agent
You acknowledge and agree that we may, in our sole discretion and where necessary, designate our related corporate bodies, affiliates or any other third party to act as our agent to accept or make payments from or to Users on our behalf.
Such third party shall have the same rights, powers and privileges as we have under this Agreement and shall be entitled to exercise or enforce its rights, powers and privileges as our agent or on its own behalf. In no event shall we be liable to any User for any loss, damage or liability resulting from the negligence of the Payroll Administration Agent and/or acts in excess of the authority granted by Blogomundo.
We may display your company or business name, logo, images or other media as part of the BlogWorld Services and/or other marketing materials related to the Website, except where you have explicitly requested that we not do so and we have accepted such request in writing.
You acknowledge that we may use the public description of your projects and the content of your profile information on the Website for marketing and other related purposes.
When you provide content to us, you grant us a perpetual, irrevocable, royalty-free, sublicensable (through multiple levels) right to exercise any and all copyrights, trademarks, advertisements and databases (but not other rights) that you have in the content, in any known medium now or in the future.
You acknowledge and agree that:
1. we act solely as a forum for the online distribution and publication of User content. We do not guarantee that User content will be available on the Website. We have the right (but not the obligation) to take any action we deem appropriate with respect to your User content.
2. We have no liability for the deletion or lack of storage of any content, whether or not the content was actually available on the Website.
3. all content submitted to the Website is subject to our approval. We may reject, approve or modify your User Content at our sole discretion.
You represent and warrant that your content:
- not infringe or misappropriate any copyright, patent, trademark, trade secret or other intellectual property right or property right or right of publicity or privacy of any person.
- shall not violate any law or regulation.
- not be defamatory or libelous.
- shall not be obscene or contain pornography.
- not promote missile-related information or nuclear, chemical or biological weapons.
- not contain material related to terrorist activities.
- not include incomplete, false or inaccurate information about the User or any other individual.
- not contain any viruses or other programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
You acknowledge and agree that we may transfer your personal information to a related corporate entity and your information may be transferred outside the EEC area. If you wish to withdraw your consent, you acknowledge and agree that we may not be able to provide you with access to the Freelancer website and services and that we may close your Account.
The information on the website may contain general information about legal, financial, health and other matters. The information is not advice, and should not be treated as such. You should not rely on the information on the website as an alternative to professional advice. If you have specific questions about any matter, you should consult your professional advisor.
We provide uncontrolled access to third party content, including user comments and articles with original content and opinions (or links to such third party content). We only act as a portal and have no liability based on, or relating to, third party content on the website, whether arising under copyright laws.
11. Feedback, Reputation and Reviews
You acknowledge that you transfer the copyright in any commentary, reputation or review that it leaves consisting of comments and any rating (e.g., quality, communication, etc.) along with any rating. You acknowledge that such feedback, reputation and reviews belong solely to us, even though we allow you to use them on our Website as long as you remain a User. You should not use, or deal with, such feedback, reputation and revisions in any way in controversy with our policies without our prior written permission.
You may not do (or omit to do) anything that could undermine the integrity of the feedback system. We have the right to suspend or terminate your Account at any time if, in our sole and absolute discretion, we are concerned about any comments about you, or your rating, in cases where we believe that our feedback system may be subverted.
Our feedback ratings belong to us and may not be used for any purpose other than to facilitate the provision of the Services to the Seller through the Website. You may not use your Seller or Buyer comments (including, but not limited to, marketing or exporting your ratings or composite comments) in any real or virtual location other than a website, without our written permission.
Unless otherwise agreed, you must not advertise an external website, product or service on the website. Any website address published on the website, including a listing, offer, listing description, clarification table or message board, must be related to a project, contest, listed item, user or service being performed on the website.
We may display advertisements or promotions on the Website. You acknowledge and agree that we shall not be liable for any loss or damage of any kind incurred as a result of the presence of such advertisements or promotions or any further dealings with third parties. You further acknowledge and agree that the content of any such advertisement or promotion may be protected by copyright, trademarks, service marks, patents or other intellectual property or proprietary rights and laws.
Unless expressly authorized, you agree not to modify, sell, distribute, appropriate or create derivative works based on such advertising/promotion.
13. Communication with other users
Communication with other users on the Web Site must take place through chat functionality, along with message boards, public clarification boards, Project message board, direct messaging and other communication channels provided on the Web Site.
You may not post your email address or any other contact information (including, without limitation, Skype ID or other identifying strings on other platforms) on the Website, except in the "email" field of the registration form, at our request or as permitted by us on the Website.
Unless you have a prior relationship with a User, you should only communicate with Users through the Website. You should not, and should not attempt to, communicate with other Users through any other means including but not limited to email, telephone, Skype, ICQ, AIM, MSN Messenger, WeChat, SnapChat, GTalk, GChat or Yahoo.
We may read all correspondence posted on the Website and download or access, and test (if necessary), all uploaded files, programs and websites related to your use of the Website for the purpose of fraud investigation, regulatory compliance, risk management and other related purposes.
14. Identity / Know Your Customer
You authorize us, directly or through third parties, to make any consultation we deem necessary to validate your identity. You must, at our request:
1. provide us with further information, which may include your date of birth and/or any other information that enables us to reasonably identify you.
2. take steps to confirm ownership of your email address or financial instruments.
3. verify your information against third party databases or through other sources.
At our request, you must also provide copies of identification documents (such as a passport or driver's license). We may also ask you to provide us with a photographic ID with a poster and a code that we will provide to you as an additional step in verifying your identity.
We reserve the right to close, suspend or limit access to your Account, Website and/or Freelance Services in the event that we are unable to obtain or verify to our satisfaction the information we request in this section.
15. User Services
You are solely responsible for ensuring that you comply with your obligations to other Users. If you fail to do so, you may be liable to that User. You must ensure that you are aware of national laws (including customary law), international laws, statutes, ordinances and regulations concerning you as a Buyer or Seller, or in any other use you make of the Website.
If another User breaches any obligation to you, you are solely responsible for enforcing any rights you may have. For the avoidance of doubt, we have no responsibility to enforce any rights under a User Agreement.
Depending on their jurisdiction, Sellers and Buyers may have rights under legal warranties that cannot be legally excluded. Nothing in this User Agreement is intended to override a right that by applicable law cannot be excluded. Nothing in this User Agreement is intended to violate any law relating to unfair contracts, and this agreement has been specifically reformulated to ensure compliance with unfair contract law. To the extent that any component of this User Agreement conflicts with inalienable rights under local laws, all parties intend that this agreement be read only to the extent that it complies with such local laws and not further.
Each User acknowledges and agrees that the relationship between Buyers and Sellers is that of an independent contractor. Nothing in this User Agreement creates a partnership, joint venture, agency or employment relationship between Users. Nothing in this User Agreement shall be construed in any way as creating a joint venture, partnership, or employer-employee relationship between Blogomundo and any User.
16. Special Provisions for Local Employment
Each User acknowledges that Blogomundo:
- does not review, approve, recommend or verify any of the credentials, licenses or capacity statements in connection with Local Jobs (or, for the avoidance of doubt, any non-local work on the website);
- provides professional relationship and platform search services only. Users agree that Blogomundo is not responsible for any other aspect of the provision of services or the interaction between Buyer and Seller.
- Blogomundo is not a party to any dispute between Buyer and Seller, although we provide a dispute resolution mechanism to help parties resolve problems.
- may from time to time include features of the map and show the location of Users to people browsing the Website on that map. Each Buyer seeking services for Local Jobs will be asked to provide the location where the Local Job will be performed. You expressly accept that Blogomundo has no responsibility for the visualization of such information.
- may collect location-related data through technologies including but not limited to GPS, IP address, wifi, and other methods. This data may be shared in the context of the provision of services to Local Employers and each User specifically consents to this collection and exchange.
Upon completion of a local work project, the selling user should log into the website and click the "Complete" button for that local work as soon as possible. Failure to complete the service or task will constitute a violation of this User Agreement. Our fees apply to the amount of the Seller's bid awarded to perform the services for the Local Job. Any item purchased by Seller as part of the provision of the service is between Buyer and Seller.
A User shall never disclose, in any published Project, personal details such as name, street, telephone number or email address in any description of the Project for a Local Job or in any other public communication on the Website.
You may have funds in your Account if you have prepaid fees or charges or for the services that will be provided to you through the Website. If you are a Seller, you may have positive funds if you have successfully completed a Project, or sold an item, and the funds have been released to you. There are also circumstances in which funds may have been credited to your Account in connection with an affiliate program or referral program.
The funds in your Account are held by us in our trading accounts with financial institutions. Funds in your Account are not maintained separately by us, and may be mixed with our general operating funds, and/or funds from other User Accounts.
18. Limits and Fraud Prevention
We reserve the right to suspend a User's withdrawal request if the source of funds is suspected to be fraudulent.
If we learn that any funds received into an Account from another Account as a result of a fraudulent transaction will be cancelled immediately. If those funds have already been released to you, you must deposit them into your Account. If you do not do so, we may suspend, limit or cancel your Account, or take action against you to recover those funds.
We may, in our sole discretion, place a limit on any or all of the funds in your Account (thereby preventing any use of the funds) if:
- we believe that there may be an unacceptable level of risk associated with you, your Account or any or all of your transactions, even if we believe there is a risk that such funds may be subject to reversal or chargeback.
- We believe that the payee of the payment is someone other than you.
- we believe payment is being made to a country where we do not offer our Service.
- if we are required to do so by law or by applicable law enforcement agencies.
If you are involved in a dispute, we may (under certain circumstances) place a temporary limit on the funds in your Account to cover the amount of any potential liability. If the dispute is resolved in your favor, we will raise the limit on your funds and those funds may be released to you. If the dispute is not resolved in your favor, we may remove the funds from your Account. We may also place a limit on your account in circumstances where we suspect that you are engaging in fraudulent or other unacceptable behavior, while we investigate any such matter.
You may request a refund at any time for any funds you have placed in your Account, except if the amount to be refunded relates to a milestone payment or relates to fees or charges payable to us.
If the amount to which the User has requested a refund refers:
1. a Milestone Payment, the Dispute Resolution Process may be followed.
2. our fees and charges, the process set forth in the "Disputes" Clause must be followed.
If we accept the refund, the funds will be received by the User through the same payment method that the User used to make the original payment.
We may refund funds to users regardless of whether a user has requested a refund of funds:
1. we are required by law or believe we are required by law to do so.
2. We determine that refunding funds to the User will prevent any dispute or an increase in our costs.
3. refund funds to the User in accordance with any refund policy specified by us.
4. we discover that the original payment made by the User is fraudulent.
5. the User made a duplicate payment in error.
6. we believe, in our opinion, that the return of funds is likely to be necessary to avoid a credit card chargeback.
You can request a refund by using our customer service website or by emailing us at firstname.lastname@example.org. Once you have made a milestone payment, you expressly agree to use the resolution process.
If you initiate a chargeback request or other "Information Request" or similar process, you expressly agree and consent to our sharing all information relating to your acceptance of these terms and conditions for the purpose of rejecting any such chargeback request.
If you have already initiated a chargeback request with your credit card issuer, you should not request a refund of funds by contacting us and should not seek double recovery.
If we reasonably determine, after considering all relevant circumstances, that you have made an excessive or unreasonable number of requests to reimburse you for funds or chargebacks, we may suspend, limit or close your Account.
20. Withdrawals of Funds
Your first withdrawal of earned funds may be delayed for up to fifteen days for security and fraud reasons.
Subsequent withdrawals may be delayed up to fifteen days when our fraud prevention policies require a delay.
We may impose a minimum withdrawal amount for funds earned. This is set forth in our Schedule of Fees and Charges. The maximum you can withdraw per month is €3,000 unless otherwise agreed.
We may ask you to submit to a Verification before you can withdraw funds from your account, regardless of whether or not a delay has occurred.
You acknowledge and agree that we may attempt to verify your identity or request additional information from you as part of our anti-fraud and Know Your Customer policy, as described in the "Identity/Know Your Customer" section of this agreement.
The payment product issuer or third party (such as payment processors), and not us, make a chargeback (being a claim to a payment that the User submits to the card issuer or financial institution), and any subsequent reversal instructions. We are required to follow such instructions.
You acknowledge and agree that we will be entitled to recover any chargebacks and reversals that may be imposed on us by a payment product issuer or third parties (such as payment processors) on funds paid to you by Buyers through the Website, as well as any processing or other charges we incur in such chargebacks and reversals.
You agree that we may reverse any payment made to you that is subject to chargebacks or reversal instructions through the issuer of your payment product or third parties (such as payment processors). If you initiate a chargeback request or other "Information Request" or similar process, you expressly agree and consent to our sharing all information relating to your acceptance of these terms and conditions for the purpose of rejecting any such chargeback request.
22. Inactive Accounts
User accounts that have not been registered for a period of time will incur a monthly maintenance fee, until the account is closed or reactivated, for storage, bandwidth, support costs and administration of the provision of user profile hosting, portfolio storage, inclusion in directories, promotion of their profile on the website and elsewhere, file storage, message transmission, general administrative matters and messages and other storage costs.
The duration of the period and the amount of the maintenance fee are set out in our Price List.
We reserve the right to close an inactive Account.
We reserve the right to close an account with negative or no funds.
23. Right to refuse service
We may close, suspend or limit your access to your Account for no reason. Notwithstanding the foregoing, we may close, suspend or limit access to your Account:
- if we determine that you have violated, or are acting in violation of, this User Agreement.
- if you make an insufficient offer on any project in an attempt to renegotiate the actual price privately, to try to avoid charges.
- if we determine that you have infringed legal rights (resulting in actual or potential claims), including infringement of Intellectual Property Rights.
- if we determine that you have engaged, or are engaged, in fraudulent or illegal activities.
- does not respond to account verification requests.
- does not complete account verification when requested within 3 months of the request date.
- is subject to a United Nations, European Union, United States or other applicable sanctions regime, or our banking and payment relationships otherwise prevent us from doing business with you.
- manage any risk of loss, a User or any other person.
- for other reasons.
If we close your Account due to your breach of this User Agreement, you may also be liable for certain fees as described in this Agreement.
Without limiting other remedies, to the extent that you are in breach of this User Agreement, you must pay us all charges you owe us and reimburse us for all losses and costs (including time spent by employees) and reasonable expenses (including legal fees) associated with investigating and collecting such charges.
You acknowledge and agree that:
1. the damages we will suffer as a result of your breach of this User Agreement will be substantial and will potentially include (without limitation) fines and other related expenses imposed on us by our payment processors and Users that may be extremely difficult and impracticable to determine.
2. if you breach this User Agreement, we may take legal action against you to recover losses.
If we close your Account for a reason other than as a result of your breach of this User Agreement, unless otherwise specified, you will be entitled to receive any payment we owe you.
In the event that we close your Account, you will have no claim whatsoever against us with respect to such suspension or termination of your Account.
24. Milestone Payments
We provide a service on this website that allows you to make controlled payments with respect to a service, called Pay Per Milestones.
Subject to the User Agreement, Buyer may make Milestone Payment, will be blocked from Buyer's Account and may not be claimed by Seller until:
- that Buyer and Seller agree that funds may be claimed by Seller.
- If there is a dispute, Buyer and Seller have completed the dispute resolution process and the Dispute is resolved in Seller's favor.
- Buyer orders us to pay Seller for services rendered in connection with a Project.
- the Buyer acknowledges that the Seller has completed the services in a complete and satisfactory manner.
If a Buyer does not approve the Seller's work product, the parties may elect to resolve the problem under the Dispute Resolution Process.
If we have not received any instruction or dispute from a Buyer or Seller regarding a Milestone Payment within three months of the day the Milestone Payment was paid and the Buyer has not logged into his Account during that time, the Milestone Payment will be unblocked and returned to the Buyer.
25. Dispute Resolution Services
Blogomundo offers dispute resolution services to users who have chosen to use the function of payment by milestones. You agree and acknowledge:
1. The worker is not providing legal services.
2. The worker will not advise you on any legal matter.
3. If you want legal counsel, you will seek independent legal counsel licensed to practice law in your jurisdiction. You will not rely on Blogomundo for any such advice.
In the event of a dispute between a Buyer and a Seller regarding the refund or release of Milestone Payments, both Buyer and Seller may elect to use the Milestone Dispute Resolution Services offered by Blogomundo as set forth in the Dispute Policy. Buyer and Seller will be notified that the matter will be dealt with through the Dispute Resolution Services.
You agree to indemnify and (to the fullest extent permitted by law) hold Blogomundo and any of our affiliates harmless from any damages or liability you may suffer as a result of the use of the Dispute Resolution Services.
You agree to indemnify and (to the fullest extent permitted by law) hold Blogomundo and any of our affiliates harmless from any damages or liability you may suffer as a result of the use of the Milestone Payments and/or the Dispute Resolution Services.
Blogomundo will respond to disputes initiated by a Seller or Buyer pursuant to the Dispute Resolution Services as set forth in this clause and the Dispute Policy and in connection with disputes arising out of the provision of the venue, and the hosting of the Website as set forth in the clause entitled Disputes with Us, together with the approach to disclosure in connection with chargebacks set forth in clauses 19 and 21 of this agreement.
26. Other Disputes with Users
You acknowledge and agree that in the event that a dispute arises between you and another User in connection with any Project, you will first attempt to resolve any differences you have in connection with such Project, including in relation to the quality of services provided.
If you continue to experience difficulties or problems in connection with a dispute with another user in connection with a Project, we encourage you to contact us as indicated in the clause entitled "Contact Us".
You agree that any dispute that is not related to a payment milestone (which must be handled in accordance with the Milestone Disputes Policy) that arises between you and another user will be handled in accordance with this clause. The self-employed person shall have full rights and powers to make a determination for all such disputes. Upon receipt of a dispute, Blogomundo shall have the right to request Seller and Buyer to provide documentation in support of its claim or position in connection with the dispute. You agree that Blogomundo has absolute discretion to accept or reject any document provided. You also acknowledge that Blogomundo is not a judicial or alternative dispute resolution institution and that we will make determinations only as a reasonable person. Further, we do not warrant that documents provided by parties to the dispute are true, complete or correct and you agree to indemnify and (to the fullest extent permitted by law) hold Blogomundo and any of our affiliates harmless from any damages or liability you may suffer as a result of any documentation or material subsequently discovered to be false or misleading.
In connection with disputes with any other user of the Website, you hereby agree to indemnify Blogomundo for any claims, demands and damages, actual or consequential, of any kind and nature, known or unknown, that relate to such dispute, our determinations or the use of the Dispute Resolution Services for payments.
The Code of Conduct applies to all services offered, including, but not limited to, the Dispute Resolution Services. You agree to make every effort to achieve fair play and to post reasonable and fair demands/offers about your dispute. Any conduct relating to threats, blackmail, intimidation or inducement of users to leave positive comments, in particular refusal to provide results or payments in connection with the provision of comments, will not be tolerated.
A user who violates the Code of Conduct during the Service's dispute resolution process may automatically lose the dispute to the other party involved, regardless of the origin of the dispute. A User who violated the Code of Conduct may also incur other disciplinary action. For more information, read the Code of Conduct.
27. Disputes with us
If a dispute arises between you and Blogomundo, our goal is to address your concerns immediately and, if we cannot do so to your satisfaction, provide you with a means to resolve the dispute quickly. We strongly recommend that you first contact us directly to find a solution using our customer service website or by emailing us at email@example.com
For any claim, Blogomundo may choose to resolve the dispute in a cost effective manner through binding arbitration not based on appearance. If so, such arbitration will be initiated through an established alternative dispute resolution provider, which will be selected by you from a panel of providers that will be provided to you. The provider and the parties must comply with the following rules: a) the arbitration will be conducted by telephone, online and/or based solely on written submissions, the specific manner will be chosen by the party initiating the arbitration; b) the arbitration will be conducted by telephone, online and/or based solely on written submissions, the specific manner will be chosen by the party initiating the arbitration; c) the arbitration will be conducted by telephone, online, and/or based solely on written submissions, the specific manner will be chosen by the party initiating the arbitration; d) the arbitration will be conducted by telephone, online and/or based solely on written submissions, the specific manner chosen by the party initiating the arbitration; e) the arbitration will be conducted by the party initiating the arbitration.
All claims you make against Blogomundo must be resolved in accordance with the terms of this Agreement. Claims filed against this Agreement will be considered improperly filed and a violation of this Agreement. In the event that you file a claim contrary to the terms of this Agreement, Blogomundo may recover your legal fees and costs (including attorneys and in-house paralegals), provided that Blogomundo has notified you in writing of the improperly filed claim and you have not immediately withdrawn the claim.
You agree that you will not make any claim arising out of this User Agreement on a class or other representative basis and that you will not attempt to coordinate or consolidate any arbitration or action hereunder with any other proceeding.
If any proceeding is brought by or against you under any provision of any insolvency law, Blogomundo shall be entitled to recover all reasonable costs or expenses (including legal fees and expenses) incurred in connection with the enforcement of this Agreement.
Blogomundo's failure to act with respect to a breach by you or third parties does not waive our right to act with respect to subsequent or similar breaches.
Some of the Websites will display rates in the local currency of that Web site, in addition to the actual amount. These rates are based on a conversion of the source currency using indicative market exchange rates. You understand and agree that these rates are indicative only and that the amount specified in the source currency is the actual amount.
As a convenience service, you may withdraw funds from the website in another currency. If you wish, you will be quoted an exchange rate that will be available for the specified time, which you may choose to accept. We may charge a fee for conducting currency conversion transactions. This fee will be included in the fee provided to you and the currency exchange will be settled immediately.
We reserve the right to reject any currency conversion request at any time.
You are responsible for all risks associated with converting and maintaining funds in multiple available currencies, including but not limited to the risk that the value of these funds will fluctuate as exchange rates change, which could result in a decrease in the value of your funds as a whole. You should not use (or attempt to use) the Website to engage in speculative trading, which could result in substantial losses. We are not a financial service provider.
All information included on the Website with respect to currency conversion is general information only. The use of currency conversion is at your own risk. Currency conversions are final and irreversible.
29. Survival and Release
This agreement supersedes any other agreement between you and the Company. If any part of this document is unenforceable, that part will be limited to the minimum necessary for this document to remain in full force and effect. Our failure to enforce any part of this document does not mean that we waive any of our rights to enforce them thereafter. We may assign any of our rights and obligations under this document.
If there is a dispute between participants of this site, or between users and any third party, you agree that the Company has no obligation to get involved. In the event you have a dispute with one or more users, you release the Company, employees, agents and successors thereof.
You agree that you will not use any robot, spider, or other automated means to access the Website by any means, including for the avoidance of doubt access to our API or application programming interface, for any purpose without our express written consent.
Further, you agree that you will not:
- take any action that imposes or may impose (in our sole discretion, reasonably exercised) an unreasonable or disproportionately large load on our infrastructure.
- interfere with, damage, manipulate, interrupt, disable, modify, overburden or impair any device, software system or network connected or used (by you or by us) in connection with the Website or your Account, or assist any other person in doing any of these things, or take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure.
- copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except your information) from the sites
- interfere or attempt to interfere with the proper working of the Web Site, services or tools, or any activity on or with the Web Sites, services or tools.
- circumvent our robot exclusion headers or other measures we may use to prevent or restrict access to the Website.
31. Closing Your Account
You can close your Account at any time. This option is located under Account Settings.
Account closure is subject to:
- not have any pending listings on the website.
- resolve any outstanding issues (such as a suspension or restriction of your Account).
- the payment of any outstanding fees or amounts.
We may retain some of your personal information to meet regulatory requirements and our own external obligations. Closing your account does not necessarily delete or delete all the information we have.
You will indemnify us (and our directors, agents, subsidiaries, partners and employees) against any claim or demand, including legal fees and costs, made by any third party due to or arising out of your breach of this Agreement, or your breach of any law or the rights of a third party in the course of using the Website and the Blogworld Services.
In addition, we may apply any funds in your Account against any liability you owe us or loss suffered by us as a result of your breach or noncompliance with this User Agreement.
You must notify us immediately upon becoming aware of any unauthorized access or any other breach of security to the Website, your Account or the Services, and do everything possible to mitigate any unauthorized access or breach of security (including retaining evidence and notifying the appropriate authorities). Your User Account is yours alone, and you should not share your password with others. You are solely responsible for the security of your password. We will not be liable for any loss or damage arising from unauthorized access to your account as a result of the lack of security of your password.
35. There is no guarantee as to the alleged identity of each user.
We cannot and do not confirm the alleged identity of each User on the Website. We may provide information about a User, such as a strength or risk score, geographic location or third party background check or identity or credential verification. However, such information is based solely on data that a User submits and we provide such information solely for the convenience of Users and the provision of such information is not an introduction, approval or recommendation by us.
36. No guarantee as to content
The website is a dynamic and time sensitive website. As such, the information on the website will change frequently. It is possible that some information may be considered offensive, harmful, inaccurate or misleading, or may be mislabelled, or may have been mislabelled, accidentally by us or accidentally or on purpose by a third party.
Our Services, the Website and all content on the Website are provided "as is", "with all defects" and "as available" and without warranties of any kind, either express or implied. Without limiting the foregoing, we make no representations or warranties about:
- the Website or any Seller Service or Standalone Service.
- the accuracy, reliability, availability, veracity, topicality or content of the Website or any of the Seller's Services or Freelance Services.
- whether the Website or the Seller or Seller Services will be up to date, uninterrupted, secure, error-free or non-deceptive.
- if defects in the Website will be corrected.
- if the Website, Seller's Services or any data, content or material will be endorsed or if there are business continuity agreements with respect to the Website.
- any agreements with third parties or any warranties of business obtained by you through the Website.
- the Website or the infrastructure on which it is based that is free from errors or malicious code, is secure, confidential or that functions in accordance with any applicable law.
To the extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, quality, fitness and non-infringement.
37. Limitation of Liability
In no event will we, our related entities, our affiliates or staff be liable, whether in contract, warranty, tort (including negligence), or any other form of liability, for:
- any indirect, special, incidental or consequential damages you may suffer.
- any loss of income, business or profits (whether direct or indirect) you may incur.
- any claim, damage or loss you may incur as a result of any of your transactions relating to the Website.
The limitations of our liability to you will apply regardless of whether we, our related entities, our affiliates or our staff have been advised of the possibility of such loss or damage.
Notwithstanding the foregoing provisions, nothing in this User Agreement is intended to limit or exclude any liability on our part and that of our affiliates and related entities where and to the extent such exclusion or limitation is prohibited by applicable law, including those within the Competition and Consumer Act and trade law.
To the extent that we may limit the remedies available under this User Agreement, we expressly limit our liability for breach of a non-excludable condition or implied warranty under any law to the following remedies (which we choose in our sole discretion) to the provision of the services again or to payment of the cost of the services being provided again.