BrainHire’s Terms of Service
Last Update: September 2019
Welcome to BrainHire.com.
The following terms of service (these “Terms of Service”), govern your access to and use of the BrainHire website, including any content, functionality and services offered on or through www.BrainHire.com (the “Site”) by BrainHire and its subsidiaries are collectively referred hereto as “BrainHire” “we” or “us”.
This Site is offered and available to users who are 13 years of age or older. If you are under 13 you may not use this Site or the BrainHire services. By using this Site, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.
Our Customer Support team is available 24/7 if you have any questions regarding the Site or Terms of Service. Contacting our Customer Support team can be performed by submitting a request here.
Buyers are users who purchase services on BrainHire.
Custom Offers are exclusive proposals that a Seller can create in response to specific requirements of a Buyer.
Custom Orders are requests made by a Buyer to receive a Custom Offer from a Seller.
Disputes are disagreements experienced during an order between a Buyer and Seller on BrainHire.
BrainHire Balance is the aggregated amount of your Revenue as a Seller and/or returned payments from cancelled orders as a Buyer.
BrainHire Credits are credits that BrainHire may provide users to be used only for purchases on BrainHire, subject to these Terms of Service or any other applicable laws and/or terms.
Job Extras are additional services offered on top of the Seller’s Job for an additional price defined by the Seller.
Job Packages allow Sellers to offer services in different formats and prices. Packages can include upgrades, which lets Sellers price their service for a basic price of over $5.
Job Page is where the Seller can describe their Job and the Job’s terms, and the Buyer can purchase the Job and create an order.
Job / Jobs are services offered on BrainHire.
Order Page is where Buyers and Sellers communicate with each other in connection with an ordered Job.
Orders are the formal agreement between a Buyer and Seller after a purchase was made from the Seller’s Job Page.
Payment Services Provider(s) are service providers that provide payment services to Buyers and Sellers in connection with the BrainHire platform, including with respect to collection of funds from Buyers in connection with the purchase of Jobs, remittance and withdrawal of funds to Sellers in connection with completed Jobs, currency exchange services in connection with payments in local currencies, and the holding of funds in connection with BrainHire Balances.
Revenue is the money that Sellers earn from completed orders and can either withdraw or use to purchase Jobs on BrainHire, subject to these Terms.
Sellers are users who offer and perform services through Jobs on BrainHire.
BrainHire Sellers have access to several exclusive features that help customize the way their services can be offered.
Some of the services on BrainHire are delivered physically (arts and crafts, collectable items, etc.). For these types of Jobs, Sellers may decide to add shipping charges. Sellers can add shipping charges for local shipping (within the same country) and for international shipping (anywhere else).
* Additional fees may apply based on your location and currency.
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 BrainHire’s Customer Support department for assistance here.
In certain instances, BrainHire may offer you credits (“BrainHire Credits” or “Credits”), either for promotional purposes or otherwise, to be used for purchasing Jobs and/or other services offered on the Site. Your available Credit balance will appear in your account. Your valid BrainHire Credits will be automatically applied to your next purchase and can be viewed in your order summary after you place the order. Unless stated otherwise, BrainHire Credits expire following three months from their receipt. BrainHire Credits serve only as an incentive to use BrainHire, and, therefore, are not redeemable for cash, have no cash value and are nonrefundable. Once used, BrainHire Credits may not be returned to your account even if your Order gets cancelled. BrainHire Credits may be subject to additional conditions and restrictions as will be disclosed to You upon receipt of the Credits. Credits may be voided in the event of fraud, misuse, or violation of these Terms. BrainHire reserves the right to modify or cancel the BrainHire Credits program at any time. If you or BrainHire deactivate or suspend your BrainHire account, any unused BrainHire Credits in your account will be forfeited.
BrainHire enables people around the world to create, share, sell and purchase nearly any service they need at an unbeatable value. Services offered on BrainHire reflect the diversity of an expanding Job economy. Members of the BrainHire community communicate and engage through orders, social media, and on BrainHire’s Community Forums.
BrainHire maintains a friendly, community spirited, and professional environment. Users should keep to that spirit while participating in any activity or extensions of BrainHire. This section relates to the expected conduct users should adhere to while interacting with each other on BrainHire.
To report a violation of our Terms of Service, User Misconduct, or inquiries regarding your account, please contact our Customer Support team here.
Users may receive a warning to their account for violations of our Terms of Service or any user misconduct reported to our Trust and Safety team. A warning will be sent to the user’s email address and will be displayed for such user on the Site. Warnings do not limit account activity, but can lead to your account losing Seller statuses or becoming permanently disabled based on the severity of the violation.
Adult Services & Pornography – BrainHire does not allow any exchange of adult oriented or pornographic materials and services.
Inappropriate Behavior & Language – Communication on BrainHire should be friendly, constructive, and professional. BrainHire 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 – BrainHire takes the matter its members’ security seriously. Any attempts to publish or send malicious content with the intent to compromise another member’s account or computer environment is strictly prohibited. Please respect our members privacy by not contacting them with offers, questions, suggestions or anything which is not directly related to their Jobs 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 BrainHire will not be protected by our Terms of Service.
Authentic BrainHire Profile – You may not create a false identity on BrainHire, misrepresent your identity, create a BrainHire 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. BrainHire 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 – BrainHire 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 BrainHire for any unlawful purposes or to conduct illegal activities.
Multiple Accounts – To prevent fraud and abuse, users are limited to one active account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the BrainHire community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations to BrainHire’s Terms of Service is cause for permanent suspension of all accounts.
Targeted Abuse – We do not tolerate users who engage in targeted abuse or harassment towards other users on BrainHire. This includes creating new multiple accounts to harass members through our message or ordering system.
Selling Accounts – You may not buy or sell BrainHire accounts.
The Site, including its general layout, design and content, is exclusively owned by BrainHire and protected by copyright and trademark law. BrainHire®, Job and Jobs are all registered trademarks owned exclusively by BrainHire. Users have no right, and specifically agree not to do the following with respect to the Site or any part, component or extension of the Site (including its mobile applications): (i) copy, transfer, adapt, modify, distribute or reproduce it, in any manner; (ii) reverse assemble, decompile, reverse engineer or otherwise attempt to derive its source code, underlying ideas, algorithms, structure or organization; (iii) modify or create derivative works; (iv) remove any copyright notice, identification or any other proprietary notices, or; (v) use the Site in any manner that could damage, disable, overburden or impair the Site, or interfere with any other users’ enjoyment of the Site. Users also agree not to permit or authorize anyone else to do any of the foregoing.
User Generated Content (“UGC”) refers to the content added by users as opposed to content created by the Site. All content uploaded to BrainHire by our users (Buyers and Sellers) is User Generated Content. BrainHire does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled.
Furthermore, BrainHire is not responsible for the content, quality or the level of service provided by the Sellers (even if they are Pro Sellers, Top Rated Sellers or otherwise). We provide no warranty with respect to the Jobs, their delivery, and any communications between Buyers and Sellers. We encourage users to take advantage of our rating system, our community and common sense in choosing appropriate Jobs service offers.
By offering a service, the Seller undertakes that he/she has sufficient permissions, rights and/or licenses to provide, sell or resell the service that is offered on BrainHire. Sellers advertising their Job online must comply with laws and terms of service of the advertising platform or relevant website used to advertise. Failing to do so may result in removal of the Job 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 – please see our Intellectual Property Claims Policy which forms an integral part of these Terms of Service. Note that it is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
Ownership and limitations: Unless clearly stated otherwise on the Seller’s Job page/description, when the work is delivered, and subject to payment, the Buyer is granted all intellectual property rights, including but not limited to, copyrights for the work delivered from the Seller, and the Seller waives any and all moral rights therein. The delivered work shall be considered work-for-hire under the U.S. Copyright Act. In the event the delivered work does not meet the requirements of work-for-hire or when US Copyright Act does not apply, the Seller expressly agrees to assign to Buyer the copyright in the delivered work. All transfer and assignment of intellectual property to Buyer shall be subject to full payment for the Job and the delivery may not be used if payment is cancelled for any reason. For removal of doubt, in custom created work (such as art work, design work, report generation etc.), the delivered work shall be the exclusive property of Buyer, and Seller assigns all rights, title and interest in the delivered work. Some Jobs (including for custom created work) charge additional payments (through Job Extras) for a Commercial Use License. This means that if you purchase the Job for personal use, you will own all rights you require for such use, and will not need the Commercial Use License. If you intend to use it for any charge or other consideration, or for any purpose that is directly or indirectly in connection with any business, or other undertaking intended for profit, you will need to buy the Commercial Use License through a Job Extra and will have broader rights that cover your business use.
Sellers further confirm that whatever information they receive from the Buyer, which is not public domain, shall be kept confidential and shall not be shared or used for any purpose whatsoever other than for the delivery of the ordered work to the Buyer.
Furthermore, users (both Buyers and Sellers) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to BrainHire, including Job texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by BrainHire for no consideration for marketing and/or other purposes.
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 BRAINHIRE NOR ANY PERSON ASSOCIATED WITH BRAINHIRE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
THIS SERVICE MAY CONTAIN TRANSLATIONS POWERED BY GOOGLE. GOOGLE DISCLAIMS ALL WARRANTIES RELATED TO THE TRANSLATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, RELIABILITY, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
The Site has been translated for your convenience using translation software powered by Google Translate. Reasonable efforts have been made to provide an accurate translation, however, no automated translation is perfect nor is it intended to replace human translators. Translations are provided as a service to users of the website, and are provided “as is”. No warranty of any kind, either expressed or implied, is made as to the accuracy, reliability, or correctness of any translations made from English into any other language. Some content (such as images, videos, Flash, etc.) may not be accurately translated due to the limitations of the translation software.
The official text is the English version of the website. Any discrepancies or differences created in the translation are not binding and have no legal effect for compliance or enforcement purposes. If any questions arise related to the accuracy of the information contained in the translated website, please refer to the English version of the website which is the official version.
IN NO EVENT WILL BRAINHIRE, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
IN ACCEPTING LIABILITY AS THE LIMITED AUTHORIZED PAYMENT COLLECTION AGENT OF SELLER, BRAINHIRE AND ITS AFFILIATES ASSUME NO LIABILITY FOR ANY ACTS OR OMISSIONS OF SELLER.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
The term “Affiliate” referred to herein, is an entity that, directly or indirectly, controls, or is under the control of, or is under common control with BrainHire, where control means having more than fifty percent (50%) voting stock or other ownership interest or the majority of voting rights of such entity.
© BrainHire.com. 2019
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