Freelancer Terms of Service
FREELANCER TERMS OF SERVICE
Please Read Carefully.
Updated: June, 2016
This terms of service (“Freelancer Terms of Service”) governs (a) your access to and use DashIn Design (collectively, “DashIn Design”, “we”, “our”, and “us”) website (www.DashIn Design.com), all affiliated websites, including mobile websites and applications, owned and operated by DashIn Design, our predecessors or successors in interest (collectively (the “Site”), (b) all services and/or products accessible through the Site (“Site Services”) and (c) the services that you provide to DashIn Design and its customers including without limitation graphic design services (“Freelancer Services”). The Site and the Site Services shall collectively be referred to herein as the “Services”.
By using the Services and providing the Freelancer Services, you signify your agreement with this Freelancer Terms of Service. If you do not accept this Freelancer Terms of Service, now or in the future, please stop your use of the Services and provision of Freelancer Services immediately, in which case any continuing access and/or use of the Services and providing Freelancer Services is unauthorized. If you agree to this Freelancer Terms of Service on behalf of an entity, or in connection with providing services on behalf of an entity or agency, you represent and warrant that you have authority to bind such entity or agency to this Freelancer Terms of Service. In that event, “you” and “your” will refer and apply to such entity or agency.
ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION CLAUSE BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND DASHIN DESIGN WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT AND/OR CLASS-WIDE ARBITRATION.
CHANGES TO TERMS
Subject to the conditions set forth herein, DashIn Design may, at any time, in its sole discretion, make changes to (i) this Site, including its look, feel, format and content, as well as (ii) the Services as described on this Site. Any revisions to this Freelancer Terms of Service will take effect when posted on the Site unless otherwise stated. In the event a revised version includes substantial changes, DashIn Design will provide additional forms of notification as it deems necessary in its sole discretion. DashIn Design may make such changes to the terms and conditions contained herein and your continued use of the Site following such changes will constitute your acceptance of such changes. DashIn Design will provide a notice of such changes by posting the updated Freelancer Terms of Service on the Site and changing the “last updated” date listed above.
SCOPE OF USE
Description of Service. DashIn Design provides an online platform and marketplace that helps connect users (“Organizations”) who wish to purchase designs, engage in hiring, provide work terms, and process payments with designers (“Professionals”) who wish to provide such designs, locate Organizations, review work terms, and complete work. Once admitted to use the Services, Professionals can apply to any project submitted by an Organization through the Services (“Project”). DashIn Design requires a completed application, with possible follow up references, and work experience with leading organizations in order to be admitted to be part of the DashIn Design network and to use the Services. Organizations will be assigned a Professional based on a Professional’s skills and background and the Professional will have an opportunity to accept the Project. Once a Project is accepted, the Organization agrees to hire the Professional through the Services (“Hired Professional(s)”). Once an Organization hires a Hired Professional through the Services, the parties shall use the Services to manage the Project’s workflow.
Eligibility. You may use the Services only if you can form a binding contract with DashIn Design and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers get parental consent before they knowingly collect personally identifiable information online from children under the age of thirteen (13). DashIn Design does not knowingly collect or solicit information from children under the age of thirteen (13). To access and/or use the Services, you must be eighteen (18) years or older and have the requisite power and authority or possess legal parental or guardian consent to enter into this Freelancer Terms of Service. If we learn we have collected personal information from a child under the age of thirteen (13), we will delete the information, so please contact us at freelance@DashInDesign.com if you think a child has provided us with personal information.
Use of Services and Availability. DashIn Design retains the right, in its sole discretion, to deny service and/or access to and/or use of the Services and/or an account to anyone at any time and for any reason. While we use reasonable efforts to keep the Services accessible, the Services may be unavailable from time to time. You understand and agree that there may be interruptions to the Service and/or access to your account due to circumstances both within DashIn Design’s control (e.g., routine maintenance) and outside of DashIn Design’s control. You acknowledge and agree that the use of the Services is at your own risk, including without limitation the risk that you might be exposed to content that is offensive, indecent, inaccurate, or objectionable. The Services may be modified, updated, suspended and/or discontinued at any time without notice and/or liability.
Creating an Account on our Service. As a Professional, you must establish an account through the Services. Your account requires you to (i) indicate agreement to this Freelancer Terms of Service, (ii) provide contact information, and (iii) submit any other form of authentication required during the enrollment process, as determined by DashIn Design in its sole and absolute discretion. If you establish an account with DashIn Design, you agree to provide true, accurate and current information in connection with the account. You are responsible for updating and correcting information you have submitted to create and/or maintain your account. Any usernames and passwords used for the Services are for individual use only. You are solely responsible for maintaining the security and confidentiality of the password you use to access your account. You understand and agree that DashIn Design shall have no responsibility for any incident arising out of, or related to, your account settings. DashIn Design will assume that anyone using the Services, providing Freelancer Services and/or transacting through your account is you. Therefore, you further agree to immediately notify DashIn Design of any unauthorized use of your password and/or account and/or any other breach of security. If you create an account on our Service, you may only create and hold one account that you are solely responsible for managing and are prohibited from using other disguised identities when using the Service. We may refuse to grant you an account with a name that impersonates someone else, if it may be illegal, vulgar and/or offensive, and/or if it may be protected by trademark or other proprietary rights, as determined by DashIn Design in its sole and absolute discretion. Your account is non-transferrable and may not be sold, combined or otherwise shared with any other person. If you violate any of these limitations we may terminate your account. Upon termination, the provisions of this Freelancer Terms of Service that are by their nature intended to survive termination (e.g., any disclaimers, all limitations of liability and all indemnities) shall survive.
If we terminate your account, you may not subscribe under a new account unless we formally invite you. If you commit fraud or falsify information in connection with your use of the Service and/or in connection with your DashIn Design account, your account will be terminated immediately by DashIn Design without liability and DashIn Design reserves the right to hold you liable for any and all damages that we suffer, to pursue legal action through relevant local and national law enforcement authorities and to notify your ‘Internet Service Provider’ of any fraudulent activity we associate with you, your use of the Service and provision of Freelancer Services.
Accepting a Project. DashIn Design will present you with Project details and the corresponding Project deadline via electronic communication, which you may accept or reject. In the event we do not receive a response from you within thirty (30) minutes from the Project details being sent, the Project will automatically be considered rejected and offered to another Professional. If you accept the Project, you acknowledge and agree that you shall exercise your best efforts to complete the Project in accordance with the rules and dictates set forth by the Organization.
Subcontract. You may not assign and/or subcontract any of the Freelancer Services without the prior written notice to DashIn Design and/or the Organization. You will remain fully liable for the acts and omissions of any pre-approved subcontractors as if performed by you.
Acceptance Testing. DashIn Design and/or the Organization, as applicable, shall be entitled to perform
The term “Acceptance Testing” means testing performed by or on behalf of the DashIn Design and/or the Organization to determine whether the relevant Freelancer Services comply with the Project specifications and requirements. If DashIn Design and/or the Organization determine that the Freelancer Services comply with the foregoing or otherwise decides in its sole discretion to accept the Freelancer Services, DashIn Design and/or the Organization will notify the Hired Professional via electronic communication of its acceptance (“Acceptance”). If DashIn Design and/or the Organization notifies the Hired Professional that the relevant services or any portion thereof fail to pass Acceptance Testing, the Hired Professional will correct all deficiencies prior to the deadline related to the Project. After such corrections have been made, DashIn Design and/or the Organization will retest the relevant Freelancer Services. If the Freelancer Services still fail Acceptance Testing, DashIn Design may, in its sole discretion: (i) grant the Hired Professional additional time to correct the outstanding deficiencies; or (ii) without prejudice to any of DashIn Design’s other rights and remedies under this Freelancer Terms of Service or at law or in equity, terminate the Freelancer Services related to the Project in which event the Hired Professional will not receive the fees related to such Project.
Communications from DashIn Design. By using the Services and providing Freelancer Services, you agree to receive certain communications in connection with the Service and such Freelancer Services. For example, you might receive Project requests, comments, promotions, events and/ or features. When you access and/or use the Services, you are communicating with us electronically, and you consent to receive communications from us electronically including but not limited to notices for the services provided to you via email. You agree that all agreements, notices, disclosures and/or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Your consent to receive records and notices electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further records and notices electronically at any time by contacting us. If you withdraw your consent to receive such records and notices electronically, we will revoke your access to the Services. Any withdrawal of your consent to receive records and notices electronically will be effective only after we have a reasonable period of time to process your request for withdrawal.
Your Responsibilities. DashIn Design grants you the rights set forth herein, subject to the following conditions: (a) You shall not modify, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Services provided on this Site; (b) You agree not to submit or transmit any emails or materials through the Service that contain a virus, worm, Trojan horse or any other harmful component; (c) You shall not copy or imitate part or all of the design, layout, or look-and-feel of the Service or individual sections of it, in any form or media; (d) You are responsible for the accuracy and quality of the data and content that you submit to DashIn Design and the Organization(s); (e) You shall not submit content that is offensive, including without limitation, bigotry, racism, discrimination, hatred, or profanity; (f) You agree not to intentionally hold DashIn Design or their employees or directors up to public scorn, ridicule or defamation; (g) You will not promote or provide information about illegal activities or physical harm or injury to any group, individual, institution or property; (h) You will use commercially reasonable efforts to prevent unauthorized access to and/or use of the services and content provided on the Site, and to notify DashIn Design promptly of any such unauthorized access and/or use; and (i) You agree to act in accordance with all applicable laws and shall not use the Service for any unlawful purpose or to violate any federal, state, international law, code of conduct and/or other guidelines which may be applicable to the Services provided.
DashIn Design shall not be subject to any obligations of confidentiality regarding any information or materials submitted online except as otherwise specified in this Freelancer Terms of Service, or as set forth in any additional terms and conditions relating to specific products or services, or as otherwise required by law. The commercial use, reproduction, transmission or distribution of any information, software or other material available through the Service without the prior written consent of DashIn Design is strictly prohibited.
FEES, PAYMENT & EXCLUSIVITY
General. Upon completion and Acceptance of the Freelancer Services, and in no event prior to the deadline related to the Project, DashIn Design shall pay you the fixed fee related to the Project one (1) day following the deadline related to the Project. All fees shall be payable in U.S. dollars within the United States.
Stripe and Receiving Payment. DashIn Design uses a third party service ‘Stripe’ to execute online payment transactions. By using this feature of the Service, you agree to be bound by the ‘Stripe Connected Account’ agreement, available at https://stripe.com/connect/account-terms and as may be updated from time to time by ‘Stripe’. Stripe provides services to both Organizations and Professionals to deliver, hold, or receive payment for a Project. After accepting this Freelancer Terms of Service, a first time Professional will be required to set up a Stripe Connected Account to receive payments for Projects. Funds from the Project transaction will be paid out to you one (1) day following the deadline related to the Project.
Responsibility For Taxes. You are responsible for all forms and types of taxes associated with the Freelancer Services and your use of the Services. In no event shall DashIn Design owe any taxes attributable to your income and/or payroll.
Exclusivity. You agree that you shall not directly or indirectly, call on or attempt to call on, and/or solicit any Organization whom you had contact with and/or became acquainted with by virtue of providing Freelancer Services and/or using the Services either for your own benefit and/or for the benefit of any other person, firm, corporation or organization (or of any person or entity through or by which you shall receive a direct or indirect benefit) for a period of twenty-four (24) months following the date the Organization is first introduced to you through the Service (“Exclusivity Period”). You acknowledge and agree that you shall use the Service as the primary means of communication between you and the Organization. You represent and warrant that you will not attempt to circumvent any of your obligations and will act in accordance with the terms and conditions herein. During the Exclusivity Period, you acknowledge and agree that you shall only work with Organization(s) through the Service and through no other means individually or otherwise. If all or any portion of the foregoing is held to be unreasonable and/or unenforceable by a court or agency having valid jurisdiction in an unappealed final decision to which DashIn Design is a party, you expressly agree to be bound by any lesser covenant subsumed within the terms of such covenant that imposes the maximum duty permitted by law, as if the resulting covenant was separately stated in and made a part thereof. For avoidance of doubt, this does not restrict you from entering into arrangements with third parties to perform design-related services; provided that you were not introduced to the Organization through the Service.
Option to Opt-Out. You may opt out of the Exclusivity Period by notifying DashIn Design in writing and paying Concept Drop the greater of (1) the applicable fees had the payments been processed through the Services, plus twenty percent (20%), or (2) Five Thousand Dollars ($5,000) (each, a “Buy-Out Fee”). You and/or the Organization shall notify DashIn Design in writing of your intent to pay the Buy-Out Fee and provide DashIn Design with a copy of invoices and/or agreement with the Organization. You and/or an Organization, as the case may be, agrees to remit the Buy-Out Fee to DashIn Design within fourteen (14) days of the Organization and/or Hired Professional’s notice to buy-out a Hired Professional.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the Services that contain typographical errors, inaccuracies, and/or omissions that may relate to the Site Services, service and/or product descriptions, pricing, offers, and availability. We reserve the right to: (i) revoke any stated offer; (ii) correct any errors, inaccuracies, and/or omission; and/or (iii) make changes to prices, content, promotion offers, service and/or product descriptions and/or other information without obligation to issue any notice of such changes, except as prohibited by law.
PROPRIETARY RIGHTS AND LICENSES
Ownership of the Services. The Services, any content on the Services, the infrastructure used to provide the Services and all intellectual property rights related thereto are proprietary to DashIn Design, our affiliates, and other third party providers. Subject to your acceptance of the terms and conditions contained herein and during the period of your compliance with the terms and conditions contained herein DashIn Design grants you a limited, personal, nontransferable, nonexclusive, revocable right to access and use the Services pursuant to this Freelancer Terms of Service and to any additional terms and policies set forth by DashIn Design and its third party providers. You agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell and/or re-sell any content, software, products and/or services obtained from and/or through the Services without the express written permission of DashIn Design.
Reservation of Rights. The materials, headers, videos, illustrations, photographs, graphics, icons, trade dress and/or other content on the Service (“Content”), as well as the organization and/or layout of the Service, are copyrighted and are protected by United States and international copyright laws and treaty provisions. DashIn Design owns, controls, lawfully uses and/or licenses the Content on the Service. DashIn Design’s name and logo may not be copied, imitated and/or used, without DashIn Design’s prior written permission. Subject to the limited rights expressly granted hereunder, DashIn Design and/or its third party providers reserve all right, title and interest in and to the Services and Content, including all related worldwide intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein.
Ownership of Freelancer Services. All works, materials, software, documentation, methods, apparatus, systems and the like prepared, developed, conceived, or delivered as part of or in connection with the Project, and all tangible embodiments thereof, shall be considered “Work Product”. You agree to grant DashIn Design, and/or the Organization, as the case may be, exclusive title and ownership rights, including all intellectual property rights, throughout the world in all Work Product. You hereby agree to irrevocably assign all right title and interest, including ownership rights, in the Work Product to DashIn Design and/or the Organization, as determined by DashIn Design in its sole and absolute discretion, and will cause your representatives to irrevocably assign to DashIn Design and/or the Organization all such rights in the Work Product. You agree and will cause all of your representatives to agree that with respect to any Work Product that may qualify as a Work Made for Hire as defined in 17 U.S.C. §101, such Work Product is and will be deemed a Work Made for Hire and DashIn Design and/or the Organization, as determined by DashIn Design in its sole and absolute discretion, will have the sole right to the copyright. All uses of any trademarks, service marks and trade names in the Work Product or in the performance of the Freelancer Services, and the goodwill associated therewith, will inure to the benefit of DashIn Design and/or the Organization, as determined by DashIn Design in its sole and absolute discretion.
General Feedback. If you provide us (in a direct mail, email and/or otherwise) with any feedback, suggestions, improvements, enhancements, recommendations and/or feature requests relating to the Services (“Feedback”), then you further grant to DashIn Design a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate any such Feedback. DashIn Design has no obligations to review any Feedback and may use and redistribute Feedback for any purpose without restriction in its sole and absolute discretion.
Gathering email addresses from DashIn Design, harvesting and/or posting and/or transmitting unauthorized and/or unsolicited advertising, promotional materials, and/or any other forms of solicitation to other users is prohibited. We also prohibit crawling, scraping, caching and/or otherwise accessing any content on the Services via automated means, including but not limited to user profiles and/or photos (except as may be the result of standard search engine protocols and/or technologies used with DashIn Design’s express written consent). You may not use the Service in any manner that could damage, disable, overburden, and/or impair the Service and/or interfere with any other party’s use and/or enjoyment of the Service. You may not obtain and/or attempt to obtain any materials and/or information through any means not intentionally made available and/or provided for through the Services. You shall not interfere with the proper working with the Services, including without limitation by placing an unreasonable load on the Service’s infrastructure.
To the extent you receive confidential and/or proprietary information from DashIn Design and/or the Organizations (“Confidential Information”), whether in oral, written, graphic or machine-readable form, in the course of and/or in connection with the Services and/or Freelancer Services, you agree to protect the secrecy of such Confidential Information with the same degree of care as you use to protect your own Confidential Information, but in no event less than a reasonable degree of care, and you must only use the Confidential Information for the purposes of providing the Freelancer Services and may only disclose the Confidential Information to your officers, directors, employees, agents and subcontractors (“Representatives”) who have a need to know such Confidential Information solely in connection with this Freelancer Terms of Service. You agree to cause such Representatives to comply with this Freelancer Terms of Service and will assume full responsibility for any failure to comply with this Freelancer Terms of Service. Confidential Information does not include information that: (i) is obtained by you from the public domain without breach of this Freelancer Terms of Service; (ii) was lawfully and demonstrably in your possession prior to your receipt from DashIn Design and/or the Organizations; (iii) is independently developed by you without use of or reference to the Confidential Information; or (iv) becomes known by you from a third party independently of your knowledge of the Confidential Information and is not subject to an obligation of confidentiality. In the event you receive a subpoena or other validly issued administrative or judicial process requesting Confidential Information, you will provide prompt notice of such request, and may thereafter comply with such process. Upon request from DashIn Design, you shall return, destroy or delete as DashIn Design directs, all original documents and copies (including those in electronic form) which contain and/or relate to Confidential Information. You acknowledge that a breach of this Article 7 may result in irreparable and continuing damage to DashIn Design and/or the Organizations for which monetary damages may not be sufficient, and agrees that the DashIn Design and/or the Organizations will be entitled to seek, injunctive or such further relief as may be proper from a court of competent jurisdiction.
If you violate this Freelancer Terms of Service and/or if we have grounds to suspect that you violated this Freelancer Terms of Service and/or other use parameters included on the Service, we may suspend and/or terminate your account and/or refuse access to and/or use of the Service (or any portion thereof) and/or suspend your right to provide Freelancer Services. DashIn Design also reserves the right, in its sole and absolute discretion, to terminate your access to and/or use of the Service or any portion thereof at any time, and for any reason, without notice and liability. In the event you share the access granted with any person or entity, and/or misuse the system by any means actionable under a federal, state, and/or local statute, code, regulation, law, and/or civil action, DashIn Design will consider your access as having been acquired by fraud and/or misrepresentation and will terminate your access immediately, without liability. In such event, DashIn Design retains the right to seek civil and/or criminal redress, the entire cost of which shall be borne solely by you.
DISPUTES BETWEEN HIRED PROFESSIONALS AND ORGANIZATIONS
You are responsible for interactions with the Organizations as it relates to the Freelancer Services. We encourage you to work out any disputes through the communication tools provided through the Services. DashIn Design reserves the right, but has no obligation to monitor disputes between you and Hired Professionals.
INDEMNIFICATION AND WAIVER
You shall indemnify, defend and hold harmless DashIn Design, its officers, agents, employees, contractors, subcontractors, suppliers and representatives from and against any and all claims, demands, proceedings, losses, costs, damages, awards, fees, expenses, or liabilities of any nature (“Claim”) arising out of or in the relation to (i) your negligent acts or omissions and/or intentional wrongdoing of you or any of your representatives; (ii) any breach of this Freelancer Terms of Service by you, your officers, agents, employees, contractors and/or representatives, (iii) your use of the Services (including without limitation your provision of Freelancer Services); (iv) any claim that the provision or utilization of any services and/or Work Product or any portion thereof constitutes an infringement, violation, trespass, contravention or breach of any patent, copyright, trademark, license or other property or proprietary right of any third party, or constitutes the unauthorized use or misappropriation of any trade secret of any third party; (v) any claim that the provision or utilization of any services or any portion thereof is not in compliance with any applicable law, rule, regulation, order of any governmental (including any regulatory or quasi-regulatory) agency or contract; and/or (vi) any determination by a federal, state or local government or administrative agency, or other regulatory or quasi-regulatory entity, or any court, that you or any of your representatives acted as an employee of DashIn Design in performing Freelancer Services (in which case you also waive any and all claims that you may have as a result of any such determination). You shall give prompt notice to DashIn Design upon your receipt of notice of any Claim against you which might give rise to a claim against DashIn Design. You acknowledge and agree that by accessing and/or using the Service, you may be exposed to materials (including shared group content) from others that you may consider offensive, indecent or otherwise objectionable, and agree to accept that risk.
WARRANTIES AND DISCLAIMER OF WARRANTIES
You represent, warrant and covenant that all Freelancer Services: (i) will be performed in accordance with DashIn Design’s and/or the Organizations reasonable written instructions; (ii) will be performed to the best of your ability and in an effective, timely, professional and workmanlike manner in accordance with applicable industry standards and practices; (iii) will be performed in accordance with any specifications and documentation provided by DashIn Design’s and/or the Organizations; (iv) will comply with all applicable laws, rules, regulations, orders of any governmental (including any regulatory or quasi-regulatory) agency, and will not violate or contravene the terms of any contracts between you and third parties; and (v) will be performed without using any pre-existing materials, documents, tools, data, programs, and/or software.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
THE SERVICE, AND ANY CONTENT, ARE PROVIDED BY DASHIN DESIGN TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, SYSTEMS INTEGRATION, ACCURACY, AND FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE, ALL OF WHICH DASHIN DESIGN EXPRESSLY DISCLAIMS. WITHOUT LIMITING THE FOREGOING, DASHIN DESIGN AND/OR ITS LICENCORS MAKE NO WARRANTY THAT (A) THE SERVICES OR CONTENT WILL MEET YOUR NEEDS AND/OR WILL BE CONSTANTLY AVAILABLE, UNINTERRUPTED, TIMELY, SECURE AND/OR ERROR-FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR CONTENT WILL BE EFFECTIVE, ACCURATE AND/OR RELIABLE; AND/OR (C) DASHIN DESIGN WILL NOT BE LIABLE AND/OR OTHERWISE RESPONSIBLE FOR ANY FAILURE AND/OR DELAY IN UPDATING THE SERVICE AND/OR ANY CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DASHIN DESIGN OR THROUGH OR FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER PARTY MAKES ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE.
LIMITATION OF LIABILITY
YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. IN NO EVENT SHALL DASHIN DESIGN, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, LICENCORS, OR SUPPLIERS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENE), WARRANTY, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF DASHIN DESIGN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. THE FOREGOING SHALL APPLY DESPITE ANY NEGLIGENCE, MISCONDUCT, ERRORS AND/OR OMISSIONS BY DASHIN DESIGN ITS EMPLOYEES, REPRESENTATIVES AND/OR AGENTS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, DASHIN DESIGN’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
DASHIN DESIGN’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR DIRECT DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICE IS LIMITED TO THE FEES, IF ANY, PAID TO YOU BY DASHIN DESIGN IN CONNECTION WITH THE APPLICABLE FREELANCER SERVICE(S) PROVIDED BY YOU IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.
THIRD PARTY SITES
You may not link to this Service without our written permission. If you are interested in linking to this Service, please contact freelance@DashInDesign.com
You may have other agreements with DashIn Design. Such agreements are separate and in addition to this Freelancer Terms of Service. This Freelancer Terms of Service does not modify, revise or amend the terms of any other agreements you may have with DashIn Design. In the event of a conflict of the terms and conditions set forth herein and any other terms and conditions related to the Services, (i) the terms and conditions set forth herein shall prevail as it relates to the Freelancer Services and (ii) the terms and conditions set forth for users here http://DashIn Design.com/freelancer-terms-of-service shall prevail as it relates to the Services.
NO PROFESSIONAL ADVICE
The information available on the Service is intended to be a general information resource regarding the matters covered, and is not tailored to your specific circumstance. DashIn Design does not, will not and cannot refer, recommend and/or endorse any specific professional service, product and/or procedures that are advertised on the Services. The Service is not a substitute for professional advice, and you should not construe this as legal, tax, financial, medical and/or other professional advice.
DMCA COPYRIGHT POLICY AND COPYRIGHT AGENT
DashIn Design respects the intellectual property rights of others and expects you to do the same. We reserve the right to terminate your account or any other user who infringes third-party copyrights. We will respond to clear notices of copyright infringement when you provide the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled.
(iv) Information sufficient to permit DashIn Design to contact you, such as your physical address, telephone number, and, if available, an electronic mail address;
(v) A statement that the complaining party has 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.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Contact information for DashIn Design’s DMCA Agent for notice of claims of copyright infringement is: DashIn Design, Inc. Attn: Copyright Agent, 3104 E. Camelback Rd., Phoenix, AZ 85016 freelance@DashInDesign.com
The Copyright Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and that such infringement is occurring on the Site or on sites linked to or from the Site. All other inquiries directed to the Copyright Agent will not be responded to.
Information Collection RESOLUTION OF DISPUTES
Disputes. We want to address your concerns without needing formal legal case. Before filing a claim against DashIn Design, you agree to try to resolve the dispute informally by contacting us at freelance@DashInDesign.com. We will try to resolve the dispute by contacting you via email, but if we cannot resolve the dispute within thirty (30) days of submission, you and/or DashIn Design agree to resolve any claims related to this Freelancer Terms of Service through final and binding arbitration, except forth under ‘Exceptions to Agreement to Arbitrate’ section below and/or you opt out as described below.
Opt-Out. You can opt-out and decline this agreement to arbitrate by contacting DashIn Design within thirty (30) day of the date that you first became subject to this arbitration provision (i.e.: the date you initially accepted this Freelancer Terms of Service). You must write us at DashIn Design, Inc., Attn: Opt-Out Arbitration, 3104 E. Camelback Rd., Phoenix, AZ 85016. If you opt out, neither you nor DashIn Design can require the other to participate in an arbitration proceeding.
Arbitration Procedures. Except in the event the claim meets the requirements set forth in the ‘Exceptions to Agreement to Arbitrate’ section below and/or if you opt out of arbitration as described below, all claims shall be settled by binding arbitration in accordance with the commercial arbitration rules, in effect at the time the proceedings begin, of the American Arbitration Association. Any such controversy and/or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. All information relating to and/or disclosed by any party in connection with the arbitration of any disputes shall be treated by the parties, their representatives, and the arbitrator as proprietary business information and shall not be disclosed without prior written authorization of the disclosing party. The arbitration shall be held in Cook County, Arizona USA or any other location we agree to. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.
Exceptions to Agreement to Arbitrate. Either you and/or DashIn Design may assert claims, if they qualify, in small claims court in Cook County, Arizona. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use and/or abuse of the Services, breach of DashIn Design’s confidential information and/or intellectual property infringement (for example, trademark, trade secret, copyright and/or patent rights) without first engaging in arbitration and/or the informal dispute-resolution process described herein.
Judicial forum for disputes. In the event that the agreement to arbitrate is found not to apply to you and/or your claim, you and DashIn Design agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Maricopa County, Arizona. Both you and DashIn Design consent to the foregoing venue and jurisdiction.
You acknowledge that you are acting as an independent contractor, that you are solely responsible for your actions or inactions, and that nothing in this Freelancer Terms of Service will be construed to create an agency or employment relationship between you and DashIn Design for any purpose. If any provision and/or term of this Freelancer Terms of Service shall become and/or be declared illegal, invalid and/or unenforceable for any reason whatsoever, such term and/or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them. This Freelancer Terms of Service shall be governed in all respects by the laws of the State of Arizona, without reference to its choice of law rules. If an applicable law is in conflict with any part of this Freelancer Terms of Service, this Freelancer Terms of Service will be deemed modified to conform to the law and the other provisions will not be affected by any such modification. No waiver by either you and/or DashIn Design of any breach and/or default and/or failure to exercise any right allowed under this Freelancer Terms of Service is a waiver of any preceding and/or subsequent breach and/or default and/or a waiver and/or forfeiture of any similar and/or future rights under this Freelancer Terms of Service.
Contact us: If you would like to request additional information regarding this Freelancer Terms of Service, please contact us at freelance@DashInDesign.com.
Questions? Just call (888) 970-3959.