Supporter and Creator policy agreements
Standard Contract between Supporter and Creator
1. Introduction: This Standard Contract between Supporter and Creator ("this agreement") sets out the terms which govern each transaction between a Supporter and a Creator on Unsigned Inc.
2. When does this agreement apply? Each time a Supporter/Creator Transaction is initiated on Unsigned Inc, this Standard Contract between Supporter and Creator will apply to the exclusion of any other terms which the Supporter or Creator may propose, and this Standard Contract between Supporter and Creator will legally bind the Supporter and Creator participating in the Supporter/Creator Transaction.
3. Parties: The only parties to this agreement are the Supporter and Creator participating in the Supporter/Creator Transaction. Neither Unsigned Inc nor its affiliated companies is a party to this agreement and Unsigned Inc nor its affiliated companies grants any rights in respect of, nor participates in, any Supporter/Creator Transaction, except that Unsigned Inc nor its affiliated companies may act as a payment intermediary in accordance with the Creator’s and Supporter’s instructions set out in section 5 of this agreement.
4. Interpretation: In this agreement, defined terms have the following meanings:
a. "Unsigned Inc" means the website accessed via the URL www.unsignedinc.com or via any web browser;
b. "Content" means any material uploaded to Unsigned Inc by any User (whether a Creator or a Supporter), including any photos, videos, audio (for example music and other sounds), livestream material, data, text (such as comments and hashtags), metadata, images, interactive features, emojis, GIFs, memes, and any other material whatsoever;
c. "Creator" means a User who has set up their Unsigned Inc account as a Creator account to post Content on Unsigned Inc to be viewed by other Users;
d. "Supporter" means a User who follows a Creator and is able to view the Creator's Content;
e. "Supporter/Creator Transaction" means any transaction between a Supporter and a Creator on Unsigned Inc by which access is granted to the Creator's Content, including in any of the following ways: (i) a Subscription, (ii) payments made by a Supporter to view a Creator's pay-per-view Content (pay-per-view media and pay-per-view live stream), and (iii) payments made by a Supporter to use the Supporter interaction function on a Creator's account;
f. "Supporter Payment" means (i) any and all payments made by a Supporter in respect of any Supporter/Creator Transaction, and (ii) any and all tips;
g. "Subscription" means a Supporter's subscription to a Creator's account;
h. "VAT" means United Kingdom value added tax and any other tax imposed in addition to or in substitution for it at the rate from time to time imposed and any equivalent or similar governmental, state, federal, provincial, or municipal indirect tax, charge, duty, impost or levy in any other jurisdiction; and
i. "Tax" shall include all forms of tax and statutory, governmental, state, federal, provincial, local government or municipal charges, duties, imposts, contributions, levies, withholdings or liabilities wherever chargeable and whether of the UK or any other jurisdiction.
5. Pricing and payment: By entering into a Supporter/Creator Transaction, the Supporter agrees to pay the Supporter Payment applicable to the relevant Supporter/Creator Transaction in accordance with the pricing published in the Creator's account plus any VAT which is applicable. The Supporter and Creator participating in the Supporter/Creator Transaction authorize Unsigned, Inc. or any of its subsidiaries to act as a payment intermediary and to collect, hold, and process the Supporter Payment and any applicable VAT, and to pay out the sums due to Creators, as described in the Unsigned Inc Terms of Service.
6. License of Content: Once the Supporter has made the Supporter Payment for a Supporter/Creator Transaction, the Creator grants to the Supporter a limited license to access the applicable Content of that Creator to which the Supporter/Creator Transaction relates (the "Relevant Content"). This license is non-transferable, non-sublicensable and non-exclusive, and permits the Supporter to access and view the Relevant Content on the Supporter's personal device and via a normal web browser (and to make a temporary copy of such Content only to the extent that this is an incidental and technical process forming part of the Supporter's accessing the Content (i.e. caching)), in accordance with the Unsigned Inc. Acceptable Use Policy.
7. Ownership of Content: The Supporter participating in the Supporter/Creator Transaction acknowledges and agrees that the license of the Relevant Content provided in section 6 of this agreement does not result in the Supporter acquiring any rights in or to the Relevant Content, which rights shall be retained by the Creator of the Relevant Content.
8. Expiry of license: The license granted to a Supporter in relation to the Relevant Content will expire automatically without notice in the following circumstances:
a. if the Supporter Payment related to the Supporter/Creator Transaction was unsuccessful, or is charged back or reversed for any reason;
b. in respect of pay-per-view Content, once the Supporter has completed viewing the Content;
c. in respect of Subscriptions, at the end of the subscription period, unless the Subscription is configured to automatically renew
d. if the Supporter's User account is suspended or terminated for any reason;
e. if the Supporter acts in breach of the Unsigned Inc. Acceptable Use Policy (whether in relation to the Relevant Content or at all);
f. if the Content is removed from the Creator's account;
g. if the Supporter closes their Unsigned Inc User account.
9. Cancellation and refunds: In respect of every Supporter/Creator Transaction:
a. The Supporter acknowledges that the Supporter/Creator Transaction will result in a supply of the relevant Content to the Supporter before the end of the period of 14 days from the date when the Supporter/Creator Transaction is entered into, and the Supporter gives his or her express consent to this and confirms to the Creator that he or she is aware that any statutory right to cancel the Supporter/Creator Transaction which the Supporter has under the Consumer Rights Act 2015 or any other applicable law will therefore be lost.
b. This agreement does not affect any statutory right to receive a refund from the Creator which a Supporter may have under the Consumer Rights Act 2015 or any other applicable law.
10. Obligations between Creator and Supporter: In respect of every Supporter/Creator Transaction:
a. The Supporter and the Creator participating in the Supporter/Creator Transaction agree to comply at all times with the Unsigned Inc Acceptable Use Policy in relation to the Relevant Content, including when accessing, viewing and interacting with it.
b. The Supporter participating in the Supporter/Creator Transaction agrees to make the Supporter Payment required to access, view or interact with the Relevant Content, and agrees not to initiate a chargeback other than if the Supporter disputes the Supporter/Creator Transaction in good faith.
c. The Creator participating in the Supporter/Creator Transaction agrees to make the Relevant Content available to the Supporter once the Supporter has made the Supporter Payment applicable to the Relevant Content.
d. The Creator warrants (makes a legally enforceable promise) that it possesses all necessary rights in and to the Relevant Content sufficient to license it to the Supporter in the territory in which the Supporter will be accessing the Relevant Content, and has obtained any and all permissions and consents needed to grant the license in section 6 of this agreement.
e. The Creator is solely responsible for creating and uploading the Relevant Content. The Creator provides no guarantees that it will continue to create and upload Relevant Content on an ongoing basis.
f. Unless there has been negligence or other breach of duty by the Creator, the accessing by the Supporter of the Creator's Content is entirely at the Supporter's own risk.
11. No guarantees: The Supporter participating in the Supporter/Creator Transaction acknowledges that Creators may add and remove Content at any time from their Creator account, and that Creators have the discretion to decide what sort of Content to make available on their account. In addition, the Supporter participating in the Supporter/Creator Transaction acknowledges that there may be circumstances where it is not possible for the Supporter to access to Relevant Content to be provided under the Supporter/Creator Transaction, including:
a. if the Creator's account is suspended or deleted;
b. if the Supporter's account is suspended or deleted;
c. if the availability of all or any part of Unsigned Inc site is suspended or inaccessible; or
d. if the Creator is unable to create or upload Relevant Content in the future.
12. Terms relating to disputes:
a. This agreement is governed by English law and English law will apply to any claim that arises out of or relates to this agreement. The Supporter will also be able to rely on mandatory rules of the law of the country where he or she lives.
b. Where claims can be brought:
i. If this agreement is with a Supporter resident in the United Kingdom or the European Union, any claim under this agreement may be brought in the courts of England and Wales or the courts of the country where the Supporter lives.
ii. If this agreement is with a Supporter resident outside of the United Kingdom or the European Union any claim under this agreement must be brought in the courts of England and Wales, unless the Supporter and Creator otherwise agree.
The following terms (these “Payment Terms”) govern payments you make or receive through www.Unsignedinc.com (the “Site”), operated by Unsigned Inc.
All payments through Unsigned Inc. are processed by Stripe. Unsigned Inc Inc. and The Unsigned Club Limited, are collectively referred hereto as “Unsigned Inc” “we” or “us”.
Please read these Payment Terms carefully before making or receiving payments through the Site. By making or receiving payments through the Site, 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 Payment Terms. These Terms are supplemental to Unsigned Inc’s General Terms and conditions.
Key Terms
Capitalized terms used but not defined herein shall have the respective meanings given to them in the Terms and conditions.
Unsigned Inc Balance is the aggregated amount of your Revenue as a Creator and/or returned payments from cancelled orders as a Buyer and/or your Unsigned Inc Business Balance (as defined in the Unsigned Inc Business Terms of Service).
Payment Services Provider(s) are service providers that provide payment services to Buyers and Creators in connection with the Unsigned Inc platform, including with respect to collection of funds from Buyers in connection with purchases, remittance and withdrawal of funds to Creators, currency exchange services in connection with payments and withdrawals in local currencies, and the holding of funds in connection with Unsigned Inc Balances. The current Payment Services Provider is Stripe Connect, thus the terms Payment Services Provider account and Stripe Connect account may be used interchangeably
Revenue is the money that Creators earn from completed orders and can either withdraw or use to purchase on Unsigned Inc, subject to these Terms.
Receiving Payments
General
- Each Gig you sell and successfully complete, accredits your account with revenue to 88% of the purchase amount minus the Stripe payment processing charge of 2.9%+ $0.30.
- Unsigned Inc accredits Creators once an order is completed. See the "Orders” section in the Terms of Service for a definition of a completed order.
- If an order is cancelled (for any reason), the funds paid will be returned to the buyer
- Creators are responsible for paying any direct or indirect taxes, including any GST, VAT or income tax, which may apply to them depending on residency, location or otherwise, under provisions of their jurisdiction. Creators represent and warrant that they comply, and will comply at all times, with their obligations under income tax provisions in their jurisdiction. The price shown on the Gig page order page is inclusive of all such taxes and charges that may apply to the Creators.
- Appointment as Limited Payment Collection Agent: Creator hereby appoints Unsigned Inc as Creator’s limited authorized payment collection agent solely for the purpose of accepting payments (via its Payment Services Provider, if applicable) from Buyer, and remitting those payments to Creator. Creator agrees that payment from Buyer to Unsigned Inc shall be considered the same as a made directly to Creator. Buyer’s payment obligation to Creator will be satisfied upon receipt of payment by Unsigned Inc (or its Payment Services Provider, as applicable), and Unsigned Inc (via its Payment Services Provider, as applicable) is responsible for remitting the funds to the Creator in the manner described in these Payment Terms. In the event that Unsigned Inc (via Payment Services Provider) does not remit any such amounts to Creator, the Creator will have recourse only against Unsigned Inc and not the Buyer directly. Creator agrees that Unsigned Inc may describe or otherwise reflect the terms contained herein in any terms and conditions, receipts, disclosures, or notices including, but not limited to, receipts provided to Buyers that Unsigned Inc may deem necessary or prudent.
- Unsigned Inc partners with Payment Services Providers for purposes of collecting payments from Buyers, transferring such payments from Buyers to Creators, and holding funds in connection with Unsigned Inc Balances. All payments services in connection with the withdrawal of funds on the Unsigned Inc platform are performed by Unsigned Inc’s Payment Services Providers.
Withdrawing Revenues
- Creators must onboard to the Stripe Connect service and all funds are held on your behalf within your designated Stripe Connect account, from which you can transfer funds to your bank account. All payment services, including withdrawal services, will be provided by Unsigned Inc’s Payment Services Provider.
- Your Unsigned Inc profile can be associated with only one account from each Unsigned Inc Stripe Connect account. A Stripe Connect account can be associated with only one Unsigned Inc profile.
- Payout to Creators is automated and will transfer into designated Stripe connect account within 7 working days. The creator withdraw fund into associated bank account used on registration to the platform.
- For security concerns, Unsigned Inc may temporarily disable a Creator’s ability to withhold funds to prevent fraudulent or illicit activity. This may come as a result of security issues, improper behavior reported by other users, or associating multiple Unsigned Inc accounts to a single Stripe connect account.
- All currency exchange services in connection are performed by Unsigned Inc’s Payment Services Providers. Your Unsigned Inc Balance is always derived from its US$ value and, therefore, the local currency amount of your Unsigned Inc Balance may change daily in accordance with exchange rate fluctuations and also includes conversion fees. Creators always have the option to receive payouts in US$.
- Creators will be able to withdraw their revenues from disabled accounts after a safety period of 90 days following full verification of ownership of the account in question, from the day of the last cleared payment received in their account and subject to Unsigned Inc's approval.
Purchasing
General
- Buyers pay Unsigned Inc to create an order from a Creator’s Gig page or Custom Offer, using the Order Now button or through the Logo Maker. Unsigned Inc partners with Payment Services Providers for purposes of collecting all payments from Buyers, transferring such payments from Buyers to Creators, and holding funds in connection with Unsigned Inc Balances. All payments services in connection with the collection of funds on the Unsigned Inc platform are performed by Unsigned Inc’s Payment Services Providers.
- Unsigned Inc serves as Creator’s limited authorized payment collection agent solely for the purpose of accepting payments (via its Payment Services Provider, if applicable) from Buyer, and remitting those payments to Creator. Buyer’s payment obligation to Creator will be satisfied upon receipt of payment by Unsigned Inc (or its Payment Services Provider, as applicable), and Unsigned Inc (via its Payment Service Provider, as applicable) is responsible for remitting the funds to the Creator in the manner described in these Payment Terms. In the event that Unsigned Inc (via Payment Services Provider) does not remit any such amounts to Creator, the Creator will have recourse only against Unsigned Inc and not the Buyer directly.
- In most locations, purchases on Unsigned Inc can be made by using one of the following payment methods: Credit Card or debit card via stripe, Google Pay and Apple pay. Additional payment methods may apply in certain locations.
- Service fees are added at the time of purchase where you can review and accept the total amount requested to pay. These fees cover administrative fees. As of August 2022, no service fees are added to the purchase of services from the platform.
- You may not offer Creators to pay, or make payment using any method other than through the unsignedinc.com site. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support at support@unsignedinc.com or message the admin profile on the platform.
- You agree to receive invoices and/or payment receipts from Unsigned Inc in electronic form as PDF documents, by email or through the Site.
- To protect against fraud, unauthorized transactions (such as money laundering), claims, or other liabilities, payment information in connection with payouts is collected by either Unsigned Inc or Unsigned Inc’s Payment Services Providers. Payment Services Providers may also collect such other information as necessary for the purpose of processing payments. Unsigned Inc is not exposed to the payment information provided to Payment Services Providers, and this information is subject to the privacy policy applicable to the Payment Service Provider. Please see our Privacy Policy for more information.
- By using any payment method and/or providing payment details for making purchases on Unsigned Inc, you represent and warrant that: (a) you are legally authorized to provide such information; (b) you are legally authorized or have permission to make payments using the payment method(s); (c) if you are an employee or agent of a company or person that owns the payment method, you are authorized by that company or person to use the payment method to make payments on Unsigned Inc; and (d) such actions do not violate any applicable law.
Local Currencies
- You can pay on Unsigned Inc in several different currencies. Unless stated otherwise, you will be charged in the currency displayed on the payment page. All currency exchange services in connection with payments in local currencies are performed by Unsigned Inc’s Payment Services Providers. In certain cases, however, when certain currencies are not supported by certain payment methods, you will be charged in US$ even if the price is displayed in another currency. In any event, the actual charged amount (in the actual payment currency) will be clearly disclosed to you before you complete the payment.
- Note that all prices on Unsigned Inc are derived always from their original US$ price and, therefore, non-US$ currency prices may change daily in accordance with exchange rate fluctuations and may also include conversion fees. Buyers always have the option to pay in US$ by changing their currency.
- If you paid for an Order in a currency other than US$ and your Order was later cancelled for any reason, the amount returned to your Unsigned Inc Balance would be based on the exchange rate as of the date of cancellation. Therefore, the returned amount may vary from the paid amount in local currency terms, while always maintaining the same US$ value.
- Your Unsigned Inc Balance is always valued in US$, even if it is displayed in a non-US$ currency. Therefore, should you choose to view your Unsigned Inc Balance in any currency other than US$, it may change daily in accordance with exchange rate fluctuations, while always maintaining the same US$ value. Users always have the option to view their Unsigned Inc Balance in US$ by changing their selected displayed currency.
Taxes
- Unsigned Inc may be required by applicable laws to charge users with indirect taxes (such as Sales Tax, VAT or GST) or to withhold taxes. Any amount Unsigned Inc will be required to collect will be in addition to the purchase amount and any other fees payable by the Buyer, and any amount Unsigned Inc will be required to withhold will be deducted from the Creator’s revenue, as required by applicable laws.
- Indirect taxes are in addition to the price shown on the site, and in any event, any such taxes will always be displayed to the Buyer before payment.
- Users are responsible for paying any direct or indirect taxes, including any GST, VAT, or income tax, which may apply to them depending on residency, location or otherwise, under provisions of their jurisdiction.
Disputes and Cancellations
We encourage our Buyers and Creators to try and settle conflicts amongst themselves. If for any reason this fails you may contact support@unsignedinc.com or contact the Admin Resolution Center profile on the platform. If you encounter non-permitted usage on the Site, users can contact Unsigned Inc's Customer Support department for assistance at support@unsignedinc.com or contacting admin profile on the platform.
Basics
- Order cancellations can be performed on Unsigned Inc, when eligible, by Customer Support or through the Admin Resolution Center per order.
- Filing a transaction dispute or reversing a payment through your payment provider or your bank is a violation of these Payment Terms. Doing so may get your account temporarily or permanently disabled. Note: Once you have filed a dispute with your payment provider, the funds will be ineligible for a refund due to our obligations towards the payment provider.
- In the event that you encounter an issue related to the service provided in an order, you are encouraged to use the Site's dispute resolution tools to attempt to resolve the matter.
- Unsigned Inc, through its Payment Services Provider, reserves the right to cancel orders or place funds on hold for any suspected fraudulent transactions made on the Site.
- All transfer and assignment of intellectual property to the Buyer shall be subject to full payment and the delivery may not be used if payment is cancelled for any reason.
- If an order is cancelled (for any reason), the funds paid will be returned to the Buyer’s Unsigned Inc Balance.
- Revisions to deliveries can be performed by Creators based on the Creator’s Gig and customer care. Creators may determine the amount of revisions they wish to offer, including no revisions.
- Requests for revisions can be performed through the Order Page while the order is marked as Delivered.
- Requesting to gain more services from Creators beyond the agreed requirements by using the Request Revisions button is not allowed.
Order Cancellations
- Unsigned Inc encourages Buyers and Creators to resolve service disputes mutually using the Admin Resolution Center.
- Eligibility for requests to Unsigned Inc to cancel an order will be assessed by our Customer Support team based on a number of factors, including violations of our Terms of Service and/or our Community Standards, general misconduct, and improper usage of the Unsigned Inc delivery system. See below for Order specific eligibility.
- Completed orders (or, where applicable, completed milestones) may be canceled, upon review of our Customer Support team, up to 7 days after the order (or Milestone) is marked as complete. Please be advised that orders cannot be partially canceled (i.e. we can only cancel the entire order when it is justified).
- In rare circumstances where we find it appropriate, our Customer Support team may cancel a completed order even after 7 days have passed from its completion. In such cases, the amounts paid for the cancelled order will be returned to the Buyer’s Unsigned Inc Balance and will be deducted from the Creator’s Unsigned Inc Balance or, if there are no sufficient amounts in the Creator’s Unsigned Inc Balance, from future revenues of such Creator.
- Orders are not eligible to be cancelled based on the quality of service/materials delivered by the Creator if the service was rendered as described in the Gig Page. You may rate your experience with the Creator on the Order Page, including the overall level of service quality received.
- You must use Unsigned Inc Admin Resolution Center to address your concerns and desired resolution related to the service provided by their Creator prior to contacting Customer Support. Customer Support will not take any action against Orders where the applicable has failed to inform their Creator of issues related to the Creator’s service and will allow Creators to provide a resolution first. This does not include non-permitted usage of Unsigned Inc.
- Any non-permitted usage of Unsigned Inc encountered during an Order, after being reviewed by our Customer Support team, may result in the order being cancelled. This includes, but not limited to; harassment, unlawful behaviour, or other violations of Unsigned Inc’s terms and conditions.
- Unsigned Inc Customer Support will cancel orders based on, but not limited to, the following reasons:
Active orders (after requirements were submitted to the Creator and before the Creator delivers on Unsigned Inc):
- The Creator is late and unresponsive for more than 24 hours while the order is marked as Late.
- Users are abusive towards the other party through threats of low ratings or leveraging order materials (such as logins, personal information) against each other.
- Users supplied or included copyright/trademark infringing materials as part of their requirements or the Creator’s delivery.
- The user is no longer an active Unsigned Inc user due to Terms of Service violations or closure of their account.
Delivered Orders (after the Creator clicks Deliver Now and before the order is marked as complete)
- The Creator uses the Delivery system to extend the delivery due date to complete the requested service without providing the final delivered service. Note: Multiple reported offenses will result in permanent suspension of your account.
- The Creator delivers no files and/or proof of work related to the agreed upon order requirements. Note: Subjectivity of the materials in question will be reviewed by our Customer Support team.
- The Creator requests additional payments, on or off the Unsigned Inc platform, by withholding the final delivery of services directly related to the agreed requirements.
- The Creator is withholding the final delivery of services for improved ratings.
- Users who abuse the Request Revisions button to gain more services from Creators beyond the agreed requirements.
- Users who threaten to leave a damaging review to gain more services from the Creator not related to the agreed requirements.
Completed Orders (after the order is marked as complete and before the 14-day limitation)
- Users who have been reported to use copyright/trademark infringing materials after verification and with proof.
- Users who did not purchase commercial use rights and are reported to have used the materials commercially. Note: Terms of Commercial use are found on the Creator’s Gig Page and cannot be retroactively included once the order is completed for over 7 days.
- Unsigned Inc Customer Support will review cases of Order delivery manipulation that prevents users from fully utilizing our Resolution Center that enabled the order to be marked as complete.
Chargebacks
Unsigned Inc reviews cases of payment provider chargebacks and disputes on behalf of Creators. Although results vary per case due to each chargeback reason, we work hard on resolving disputes in the Creator’s favor. If the chargeback case allows, Unsigned Inc (or one of Unsigned Inc’s Payment Services Providers) will return parts or full revenue back to Creators, otherwise the chargeback amount will be borne by the Creator.
Refunds
- Unsigned Inc does not automatically refund payments made for cancelled orders back to your payment provider, but will endeavour to do so whenever possible.
General Terms
Modifications
- Unsigned Inc may make changes to these Payment Terms from time to time. When these changes are made, Unsigned Inc will make a new copy of the terms available on this page.
- You understand and agree that if you use Unsigned Inc after the date on which the Payment Terms have changed, Unsigned Inc will treat your use as acceptance of the updated Payment Terms.
Disclaimer of Warranties
YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER UNSIGNED INC NOR ANY PERSON ASSOCIATED WITH UNSIGNED INC MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL UNSIGNED INC, 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 WEBSITE 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.
IN ACCEPTING LIABILITY AS THE LIMITED AUTHORIZED PAYMENT COLLECTION AGENT OF CREATOR, UNSIGNED INC AND ITS AFFILIATES ASSUME NO LIABILITY FOR ANY ACTS OR OMISSIONS OF CREATOR.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
The term “Affiliate” referred to herein, is an entity that, directly or indirectly, controls, or is under the control of, or is under common control with Unsigned Inc, where control means having more than fifty percent (50%) voting stock or other ownership interest or the majority of voting rights of such entity.
Overview (Main terms, in a nutshell)
§ Only registered users may buy and sell on Unsigned Inc. Registration is free. In registering for an account, you agree to provide us with accurate, complete and updated information and 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.
§ Gigs on Unsigned Inc may be determined by the Seller.
§ Buyers pay Unsigned Inc in advance to create an order
§ Orders are purchased through the Order button found on a Seller’s Gig page or through a Custom Offer.
§ For fees and payments please read the Payment Terms
§ Sellers must fulfill their orders, and may not cancel orders on a regular basis or without cause. Cancelling orders will affect Sellers’ reputation and status.
§ Users may not offer or accept payments using any method other than placing an order through Unsignedinc.com.
§ When purchasing a Gig, Buyers are granted all rights for the delivered work, unless otherwise specified by the Seller on their Gig page. Note: some Gigs charge additional payments (through Gig Extras) for Commercial Use License.
§ Unsigned Inc retains the right to use all published delivered works and Logo Designs for Unsigned Inc marketing and promotion purposes.
§ We care about your privacy. The Privacy Policy is a part of these Terms of Service and incorporated herein by reference.
§ Users undertake to comply with Unsigned Inc’s terms and conditions.
SELLERS
Basics
§ Sellers create Gigs on Unsigned Inc 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 approx. 85% of the purchase amount.
§ Unsigned Inc 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.
§ For security concerns, Unsigned Inc may temporarily disable a Seller’s ability to receive revenue to prevent fraudulent or illicit activity. This may come as a result of security issues, improper behavior reported by other users, or associating multiple Unsigned Inc accounts to a single withdrawal provider.
§ Sellers 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.
§ Gigs created on Unsigned Inc are User Generated Content.
§ Gigs and/or users may be removed by Unsigned Inc from the Site for violations of these Terms and conditions and/or supporter-creator contract, which may include (but are not limited to) the following violations and/or materials:
o Illegal or Fraudulent services
o Copyright Infringement, Trademark Infringement, and violation of a third party's terms of service reported through our terms and conditions
o Adult oriented services, Pornographic, Inappropriate/Obscene
o Intentional copies of Gigs
o Spam, nonsense, or violent or deceptive Gigs
o Gigs misleading to Buyers or others
o Reselling of regulated goods
o Offering to prepare academic works on behalf of Buyers
o Exceedingly low quality Gigs
o Promoting Unsigned Inc and/or Unsigned Inc Gigs through activities that are prohibited by any laws, regulations, and/or third parties' terms of service, as well as through any marketing activity that negatively affects our relationships with our users or partners.
§ Gigs that are removed for violations mentioned above, may result in the suspension of the Seller’s account.
§ Gigs that are removed for violations are not eligible to be restored or edited.
§ Gigs may be removed from our Search feature due to poor performance and/or user misconduct.
§ Gigs may include pre-approved website URLs contained within the Gig description and requirements box. Gigs containing websites promoting content, which violates Unsigned Inc’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 are 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 becoming permanently disabled.
§ Gigs may contain an approved Gig Video uploaded through the Gig management tools available on Unsigned Inc.
§ Statements on the Gig Page that undermine or circumvent these Terms of Service is prohibited.
Seller Features
Unsigned Inc Sellers have access to several exclusive features that help customize the way their services can be offered.
Custom Offer
§ Sellers can also send Custom Offers addressing 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 Unsigned Inc’s Terms of Service and/or our Community Standards.
Shipping Physical Deliverables
Some of the services on Unsigned Inc are delivered physically (arts and crafts, collectable items, etc.). For these types of Gigs, Sellers may decide to define a shipping pricing factor.
§ Gigs that include a shipping pricing factor must have physical deliverables sent to Buyers.
§ Shipping costs added to a Gig only pertains to the cost Sellers require to ship physical items to Buyers.
§ Important: 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.
§ Unsigned Inc 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. We require entering the tracking number if available in the Order Page when delivering your work.
BUYERS
Basics
§ You may not offer direct payments to Sellers using payment systems outside of the Unsigned Inc platform.
§ Unsigned Inc retains the right to use all publicly published delivered works for Unsigned Inc marketing and promotional purposes.
§ Please refer to the Payment Terms for making Payments through the Unsigned Inc 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 or through Unsigned Inc Anywhere.
§ You may not offer Sellers to pay, or make payment using any method other than through the Unsigned Inc.com site. In case you have been asked to use an alternative payment method, please report it immediately to Admin Customer Support
Basics
§ Once payment is confirmed, your order will be created and given a unique Unsigned Inc order number (#FO).
§ Sellers must deliver completed files and/or proof of work using the Deliver Work button (located on the Order page) according to the service that was 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 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 7 days after the Order was marked as Delivered.
§ We encourage our Buyers and Sellers to try and settle conflicts amongst themselves. If for any reason this fails after using the Resolution Center or if you encounter non-permitted usage on the Site, users can contact Unsigned Inc's Customer Support department for assistance. For more information about disputes, Order cancellations and refunds please refer to the Payment Terms.
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§ Certain Gigs that offer local services might require Buyers and Sellers to meet in person in order for the Seller to perform the service. In such cases, users should note that Unsigned Inc does not guarantee the behavior, conduct, safety, suitability or ability of either Buyers or Sellers. Both Buyers and Sellers agree that the entire risk arising out of their meeting and/or their use or performance of local services remains solely with them, and Unsigned Inc has no responsibility or liability related to any local services provided by the Sellers. In the event that the service is performed on the Buyers’ premises, Buyers are encouraged to maintain proper insurance policies to cover their liability as the premise owner. Unsigned Inc’s Terms and conditions 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 Buyer orders a Gig, the Seller is notified by 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. Unsigned Inc will not be held responsible for any damages which might occur due to site usage, use of content or files transferred.
§ Buyers may use the "Request Revisions" feature located on the Order Page while 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
§ Feedback reviews provided by Buyers while completing an Order are an essential part of Unsigned Inc's rating system. Reviews demonstrate the Buyer's overall experience with the Sellers and their service. Buyers are encouraged to communicate to the Seller any concerns experienced during their active order in regards to the service provided by the Seller.
§ Leaving a Buyer's feedback is a basic prerogative of a Buyer. Feedback reviews will not be removed unless there are clear violations of our Terms of Service and/or our Community Standards.
§ To prevent any misuse of our Feedback system, all feedback reviews must come from legitimate sales executed exclusively through the Unsigned Inc platform from users within our Community. Purchases arranged, determined to artificially enhance Seller ratings, or to abuse the Unsigned Inc platform with purchases from additional accounts, will result in a permanent suspension of all related accounts.
§ Feedback comments given by Buyers are publicly displayed on a Seller’s Gig page.
§ 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.
§ Users are allowed to leave reviews on Orders up to 10 days after an Order is marked as complete. No new reviews may be added to an Order after 10 days.
§ Sellers may not solicit the removal of feedback reviews from their Buyers through mutual cancellations.
§ Once the Buyer have completed their review, posted review is made public.
We encourage our Buyers and Sellers to try and settle conflicts amongst themselves. If for any reason this fails after using the Admin Resolution Center or if you encounter non-permitted usage on the Site, users can contact Unsigned Inc's Customer Support department for assistance. For more information about disputes, Order cancellations and refunds please refer to the Payment Terms.
User Conduct and Protection
Unsigned Inc enables people around the world to create, share, sell and purchase nearly any service they need at an unbeatable value. Services offered on Unsigned Inc reflect the diversity of an expanding Gig economy. Members of the Unsigned Inc community communicate and engage through orders, social media, and on Unsigned Inc’s Community Forums.
Unsigned Inc maintains a friendly, community spirited, and professional environment. Users should keep to that spirit while participating in any activity or extensions of Unsigned Inc. This section relates to the expected conduct users should adhere to while interacting with each other on Unsigned Inc.
To report a violation of our terms and conditions. For issues with User Misconduct, or inquiries regarding your account, please contact our Customer Support team here.
Basics
§ To protect our users' privacy, user identities are kept anonymous. Requesting or providing Email addresses, Skype/IM usernames, telephone numbers or any other personal contact details to communicate outside of Unsigned Inc in order to circumvent or abuse the Unsigned Inc messaging system or Unsigned Inc platform is not permitted.
§ Any necessary exchange of personal information required to continue a service may be exchanged within the Order Page.
§ Unsigned Inc does not provide any guarantee of the level of service offered to Buyers. You may use the dispute resolution tools provided to you in the Order Page.
§ Unsigned Inc does not provide protection for users who interact outside of the Unsigned Inc platform.
§ All information and file exchanges must be performed exclusively on Unsigned Inc's platform.
§ Rude, abusive, improper language, or violent messages will not be tolerated and may result in an account warning or the suspension/removal of your account.
§ Unsigned Inc 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 Unsigned Inc to contract, engage with, or pay outside of Unsigned Inc.
Orders
§ Users with the intention to 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 cancelling orders that do not align on Order Cancellation or Feedback policies.
Gigs
§ Users may report Gigs to Customer Support that may be in violation of Unsigned Inc’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. In the event that 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.
§ Unsigned Inc will respond to clear and complete notices of alleged copyright or trademark infringement.
§ Reporting Violations
If you come across any content that may violate our terms and conditions, you should report it to us through the appropriate channels created to handle those issues as 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 and conditions or any user misconduct reported to our Trust and Safety team. A warning will be sent to the user's email address and will be displayed for such user on the Site. Warnings do not limit account activity, but can lead to your account losing Seller statuses or becoming permanently disabled based on the severity of the violation.
Non-Permitted Usage
Adult Services & Pornography - Unsigned Inc does not allow any exchange of adult oriented or pornographic materials and services.
Inappropriate Behavior & Language - Communication on Unsigned Inc should be friendly, constructive, and professional. Unsigned Inc 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 is strictly prohibited. Please respect our members privacy by not contacting them with offers, questions, suggestions or anything which is not directly related to their Gigs or orders.
Privacy & Identity - You may not publish or post other people's private and confidential information. Any exchange of personal information required for the completion of a service must be provided in the Order Page. Sellers further confirm that whatever information they receive from the Buyer, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the Buyer. Any users who engage and communicate off of Unsigned Inc will not be protected by our Terms of Service.
Authentic Unsigned Inc Profile - You may not create a false identity on Unsigned Inc, misrepresent your identity, create a Unsigned Inc profile for anyone other than yourself (a real person), or use or attempt to use another user’s account or information; Your profile information, including your description, skills, location, etc., while may be kept anonymous, must be accurate and complete and may not be misleading, illegal, offensive or otherwise harmful. Unsigned Inc reserves the right to require users to go through a verification process in order to use the Site (whether by using ID, phone, camera, etc.).
Intellectual Property Claims - Unsigned Inc will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s terms of service.
Fraud / Unlawful Use - You may not use Unsigned Inc for any unlawful purposes or to conduct illegal activities.
Abuse and Spam
Multiple Accounts - To prevent fraud and abuse, users are limited to one active Unsigned Inc account and one active Unsigned Inc Business account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the Unsigned Inc community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations of Unsigned Inc’s terms and conditions is 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 Unsigned Inc. This includes creating new multiple accounts to harass members through our message or ordering system.
Selling Accounts - You may not buy or sell Unsigned Inc accounts.
Proprietary Restrictions
The Site, including its general layout, look and feel, design, information, content and other materials available thereon, is exclusively owned by Unsigned Inc and protected by copyright, trademark, and other intellectual property laws. Unsigned Inc. 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 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, Unsigned Inc owns all right, title and interest in and to the Site (including any and all 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 Unsigned Inc with any comments, suggestions or other feedback regarding the Unsigned Inc platform or the Site as a whole, as well as other Unsigned Inc products or services (collective, the “Feedback”), you will be deemed to have granted Unsigned Inc an exclusive, royalty-free, fully paid up, perpetual, irrevocable, worldwide ownership rights in the Feedback. Unsigned Inc is under no obligation to implement any Feedback it may receive from users.
Confidentiality
Sellers should recognize that there might be a need for Buyers to disclose certain confidential information to be used by Sellers for the purpose of delivering 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
§ Unsigned Inc reserves the right to put any account on hold or permanently disable accounts due to breach of these terms and conditions or due to any illegal or inappropriate use of the Site or services.
§ Violation of Unsigned Inc's terms and conditions may get your account disabled permanently.
§ Users with disabled accounts will not be able to sell or buy on Unsigned Inc.
§ Users who have violated our terms and conditions and had their account disabled may contact our Customer Support team for more information surrounding the violation and status of the account.
§ 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.
§ Disputes should be handled using Unsigned Inc's dispute resolution tools ('Resolution Center' on the order page) or by contacting Unsigned Inc Customer Support.
§ Unsigned Inc may make changes to its Terms of Service from time to time. When these changes are made, Unsigned Inc will make a new copy of the terms of service available on this page.
§ You understand and agree that if you use Unsigned Inc after the date on which the Terms of Service have changed, Unsigned Inc will treat your use as acceptance of the updated Terms of Service.
User Generated Content ("UGC") refers to the content added by users as opposed to content created by the Site. All content uploaded to Unsigned Inc by our users (Buyers and Sellers) is User Generated Content. Unsigned Inc does not check user uploaded/created content 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 Unsigned Inc 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.
By offering a service, the Seller undertakes that he/she has sufficient permissions, rights and/or licenses to provide, sell or resell the service that is offered on Unsigned Inc. Sellers advertising online their Gig must comply with laws and terms of service of the advertising platform or relevant website used to advertise. Failing to do so may result in removal of the Gig, as applicable, and may lead to the suspension of Seller's account.
For specific terms related to Intellectual Property rights and for reporting claims of copyright infringement (DMCA notices) or trademark infringement 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 and limitations: When purchasing a Gig on Unsigned Inc, 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, and the Seller waives any and all moral rights therein. Accordingly, the Seller expressly assigns to 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 cancelled for any reason. For removal of doubt, in custom created work (such as art work, 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, pursuant to these Terms of Service, assigns all right, title and interest in and to the delivered work to the Buyer.
For Voice Over Gigs, when the work is delivered, and subject to payment, the Buyer is purchasing basic rights, (which means the Buyer is paying a one time fee allowing them to use the work forever and for any purpose except for commercials, radio, television and internet commercial spots). If you intend to use the Voice Over to promote a product and/or service (with the exception of paid marketing channels), you will need to purchase the Commercial Rights (Buy-Out) through Gig Extra. If you intend to use the Voice Over in radio, television and internet commercials, you will need to purchase the Full Broadcast Rights (Buy-Out) through Gig Extra. For further information on the type of buy-outs, please read below.
Furthermore, users (both Buyers and Sellers) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to Unsigned Inc, including Gig texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by Unsigned Inc for no consideration for marketing and/or other purposes.
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 etc., and strictly excludes any illegal, immoral or defamatory purpose. This License is subject to Unsigned Inc’s Terms of Service. There is no warranty, express or implied, with the purchase of this delivery, including with respect to fitness for a particular purpose. Neither the Seller nor Unsigned Inc 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 ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER UNSIGNED INC NOR ANY PERSON ASSOCIATED WITH UNSIGNED INC MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Certain user-generated content on the Site has been translated for your convenience using translation software powered by Amazon Translate. Reasonable efforts have been made to provide an accurate translation, however, no automated translation is perfect nor is it intended to replace human translators. Such translations are provided as a service to users of the Site, and are provided "as is". No warranty of any kind, either expressed or implied, is made as to 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.
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 contained in the translated content, please refer to the English version of the content which is the official version.
Limitation on Liability
IN NO EVENT WILL UNSIGNED INC, 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 FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
The term “Affiliate” referred to herein, is an entity that, directly or indirectly, controls, or is under the control of, or is under common control with Unsigned Inc, where control means having more than fifty percent (50%) voting stock or other ownership interest or the majority of voting rights of such entity.
Intellectual Property Claims (Copyright (DMCA), Trademark Infringement)
Last update: March 2020
REPORTING CLAIMS OF COPYRIGHT INFRINGEMENT
Unsignedinc.com's content is based on User Generated Content (UGC). Unsigned Inc does not check user uploaded/created content for violations of copyright or other rights. However, if you believe any of the uploaded content violates your copyright or a related exclusive right, you should follow the process below. Unsigned Inc looks into reported violations and removes or disables content shown to be violating third party rights.
In order to allow us to review your report promptly and effectively, a copyright infringement notice ("Notice") should include the following:
§ Identification of your copyrighted work and what is protected under the copyright(s) that you are referring to
§ Your copyright certificate(s)/designation(s) and the type, e.g., registered or unregistered
§ Proof of your copyrights ownership, such as the registration number or a copy of the registration certificate
§ A short description of how our user(s) allegedly infringe(s) your copyright(s)
§ Clear reference to the materials you allege are infringing and which you are requesting to be removed, for example, the gig url, a link to the deliverable provided to a user, etc.
§ Your complete name, address, email address, and telephone number.
§ A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
§ A statement made under penalty of perjury that the information provided in the notice is accurate and that you are the copyright owner or the owner of an exclusive right that is being infringed, or are authorized to make the complaint on behalf of the copyright owner or the owner of an exclusive right that is being infringed.
§ Your electronic or physical signature
Alternatively you can submit the Notice electronically at data@unsignedinc.com or by sending a message to the admin profile.
Note that we will provide the user who is allegedly infringing your copyright with information about the Notice and allow them to respond. In cases where sufficient proof of infringement is provided, we may remove or suspend the reported materials prior to receiving the user's response. In cases where the allegedly infringing user provides us with a proper counter-notification indicating that it is permitted to post the allegedly infringing material, we may notify you and then replace the removed or disabled material. In all such cases, we will act in accordance with 17 U.S.C Section 512 and other applicable laws.
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
COUNTER-NOTIFICATION PROCEDURES
If you believe that material you posted on the site was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a "Counter-Notice") by submitting written notification to our DMCA / Copyright Claims agent (identified above). Pursuant to the DMCA, the Counter-Notice must include substantially the following:
§ Your physical or electronic signature.
§ An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
§ Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
§ A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
§ A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice. Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.]
TRADEMARK INFRINGEMENT
unsignedinc.com's content is based on User Generated Content (UGC). Unsigned Inc does not check user uploaded/created content for violations of trademark or other rights. However, if you believe any of the uploaded content violates your trademark, you should follow the process below. Unsigned Inc looks into reported violations and removes or disables content shown to be violating third party trademark rights.
In order to allow us to review your report promptly and effectively, a trademark infringement notice ("TM Notice") should include the following:
§ Identification of your trademark and the goods/services for which you claim trademark rights
§ Your trademark registration certificate and a printout from the pertinent country's trademark office records showing current status and title of the registration. Alternatively, a statement that your mark is unregistered, together with a court ruling confirming your rights
§ A short description of how our user(s) allegedly infringe(s) your trademark(s)
§ Clear reference to the materials you allege are infringing and which you are requesting to be removed, for example, the GIG url, a link to the deliverable provided to a user, etc.
§ Your complete name, address, email address, and telephone number.
§ A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the trademark owner, its agent, or the law.
§ A statement made under penalty of perjury that the information provided in the notice is accurate and that you are the trademark or are authorized to make the complaint on behalf of the trademark owner
§ Your electronic or physical signature
Alternatively you can submit the Notice electronically to support@unsignedinc.com or by contacting the admin Support profile on the platform.
Note that we will provide the user who is allegedly infringing your trademark with information about the TM Notice and allow them to respond. In cases where sufficient proof of infringement is provided, we may remove or suspend the reported materials prior to receiving the user's response. In cases where the allegedly infringing user provides us with information indicating that it is permitted to post the allegedly infringing material, we may notify you and then replace the removed or disabled material. In all such cases, we will act in accordance with applicable law.
REPEAT INFRINGERS
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.