Last updated: November 05,2022
These Terms of Use constitute a legally binding agreement madebetween you, whether personally or on behalf of an entity (“you”) andBadiofreelance (“Company“, “we”, “us”, or “our”), concerning your accessto and use of the https://badiofreelance.com website as well as any othermedia form, media channel, mobile website or mobile applicationrelated, linked, or otherwise connected thereto (collectively, the “Site”).Your use of the Website and the services offered therein constitutes your acceptance of these Terms of Use, as may be amended from time totime. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted. IF ANY OF THESE TERMS OF USE OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, DO NOT USE THIS WEBSITE.
In consideration of your use of the Website, you represent that you are of legal age to form a binding contract with Badiofreelance in connection therewith.
Notwithstanding the mobile application platform or other website, service or entity through which you access the Website and the Service, these Terms of Use are between you and Badiofreelance only, and not with any such platform, device provider, wireless carrier, venue or any other third party. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
This Site is offered and available to users who are at least 18 years of age and of legal age to form a binding contract. If you are under 18 and at least 13 years of age, you are only permitted to use the Site through an account owned by a parent or legal guardian with their appropriate permission. If you are under 13 you are not permitted to use the Site or the Fiverr services. By using the Site, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site. Certain Jobs that offer local services might require Buyers and Sellers to meet in person ( In demand services) in order for the Seller to perform the service. In such cases, users should note that Badiofreelance 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 Badiofreelance 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. Badiofreelance’s Terms of Service 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).
a. Website Limited License. The Website and Content are protected by copyrights, trademarks, patents, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. As a visitor to the Website you are granted a nonexclusive, nontransferable, revocable, limited license to access and use the Website and Content (and any updates thereto) in accordance with these Terms of Use. Badiofreelance may terminate this license, or change, suspend or discontinue any aspect of the Website or the Service at any time for any reason. In addition, Badiofreelance makes no representation or warranty that particular Content or access the Website will be available (or will continue to be available) at any particular time, and Badiofreelance is under no obligation to undergo an update of the Website to the extent any material, content and/or features contained therein or related thereto is out of date. By using the Site, you represent and warrant that: (a) you have the legal capacity and you agree to comply with these Terms of Use; (b) you are not a minor in the jurisdiction in which you reside; (c) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (d) you will not use the Site for any illegal or unauthorized purpose; and (e) your use of the Site will not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
PROHIBITED ACTIVITIES
You may not access or use our website for any purpose other than that for which we make the Site available. Badiofreelance may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. This license terminates automatically upon any unauthorized use.
b. Limitations on Use; Third Party Communications.
b.1. Limitations on Use. Unless otherwise agreed by you and Badiofreelance in a separate written agreement, the Content on this Website is for your personal use only and not for commercial exploitation. You may not use this Website or the Content for any illegal purpose, in any illegal manner or in any manner inconsistent with these Terms of Use. You may not decompile, recompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from this Website or the Content. You may not use any network monitoring or discovery software to determine the Website’s architecture, or extract information about usage, individual identities or users. You may not use any robot, spider, crawler, scraper or any other automatic software or a camera or other device, or manual process to monitor or copy the Website or the Content. You may not use this Website to transmit any false, misleading, fraudulent or illegal communications. Except as permitted by these Terms of Use or the Website (e.g., posting articles to Facebook, Twitter, etc.), you may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, noncommercial or public purposes all or any portion of this Website or the Content. You may not use, transfer, distribute or dispose of this Website or the Content in any manner that could compete with the business of Badiofreelance. You may not use or otherwise export or re-export this Website, any portion thereof, or the Content in violation of the export control laws and regulations of the United States of America. Any unauthorized use of this Website or its Content is prohibited.
b.2. Third Party Communications. Badiofreelance disclaims all liability for any Third Party Communications (as defined below), that you may receive and any actions you may take or refrain from taking as a result of any Third Party Communications. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any Third Party Communications. Badiofreelance assumes no responsibility for verifying, and makes no representations or warranties regarding, the identity or trustworthiness of the source or content of any Third Party Communications. As used herein, “Third Party Communications” means any communications directed to you from any third party directly or indirectly in connection with this Website or Content (e.g., Forum comments, shares, feedback etc.). All information and file exchanges must be performed exclusively on Badiofreelance’s platform. You may not offer Users to pay, or make payment using any method other than through Badiofreelance Platform . In case you have been asked to use an alternative payment method, please report it immediately to our Customer Support.
C. Intellectual Property Rights.
c.1 You acknowledge and agree that Badiofreelance and/or its licensors and other partners retain all right, title and interest in and to the Website, the Content and all associated patent rights, copyright rights, trademark rights, trade secret rights and other intellectual property and proprietary rights recognized anywhere in the world. You agree not to use any Badiofreelance IP in any way other than in accordance with these Terms of Use. Badiofreelance reserves all ownership and other rights in the Website and the Content not specifically licensed under these Terms of Use.
c.2 This Website may contain certain interactive areas which include, without limitation, Forums, discussion boards, and question and answer features (the “Interactive Areas”). You hereby grant to Badiofreelance an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, authorize use of and have used on its behalf any ideas, expressions of ideas, text, graphics, messages, Forum, links, data, information and other materials you submit (collectively, “Postings”) to this Website. Said license is without restrictions of any kind and without any payment, permission or notification due from Badiofreelance to you or any third party. The license includes the right to make, use, sell, reproduce, publish, modify, adapt, prepare derivative works from, combine with other works, translate, distribute, display, perform and sublicense Postings in any form, medium, or technology now known or hereafter developed.
c.3. You certify and warrant that the Postings: (1) are your original works or that the owner of such works has expressly granted to Badiofreelance a perpetual, worldwide, royalty-free, irrevocable, non exclusive license for said works with all of the rights granted by you in section c.2 of these Terms of Use and (2) do not violate and will not violate applicable law or the rights of any third party including any right of publicity, right of privacy, copyright, patent, trademark or other intellectual property right or any proprietary right.
c.4. By submitting Postings to this Website, you acknowledge and agree that Badiofreelance may create on its own ideas that may be, or may obtain submissions that may be, similar or identical to Postings you submit. You agree that you shall have no recourse against Badiofreelance for any alleged or actual infringement or misappropriation of any proprietary or other right in or related to the Postings you provide to Badiofreelance.
D.1. Filing a DMCA Counter – Notice to Delete content from the website If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:
● Your name, address, telephone number, and email address (if any);
● A description of the copyrighted work that you claim has been infringed;
● A description of where on the Website the material that you claim is infringing may be found, sufficient for Badiofreelance to locate the material (e.g., the URL);
● A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
● A statement by you UNDER PENALTY OF PERJURY that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
● Your electronic or physical signature
d.2 Filing a DMCA Counter – Notice to Restore Content Removed fromthe Website If you believe that your material has been removed by mistake or misidentification, please provide Badiofreelance with a written counter-notification containing the following information:
● Your name, address, and telephone number;
● A description of the material that was removed and the location on the Website (e.g., the URL) where it previously appeared;
● A statement UNDER PENALTY OF PERJURY that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
● A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, any judicial district in which Badiofreelance may be found.
● United States District Court for the Southern District of New York), and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person; and
● Your electronic or physical signature.
● Ownership and limitations:When purchasing a Job on Badiofreelance, 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, 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 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 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. 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.
For Voice Over Jobs, 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 Job 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 Job 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 Badiofreelance, including Job texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by Badiofreelance for no consideration for marketing and/or other purposes.
E. Linking to this Website. You may provide links to this Website, provided that (1) you do not remove or obscure, by framing or otherwise, any portion of this Website, including any Content, advertisements, terms of use, copyright notices, or other notices on this Website, (2) you immediately deactivate and discontinue providing links to this Website if requested by Badiofreelance and (3) Badiofreelance may deactivate any link(s) at its sole discretion.
F. No Solicitation. You shall not distribute on or through this Website any Postings containing any advertising, phone number, promotion,
solicitation for goods, services or funds or solicitation for others to become members of any enterprise or organization without the express written permission of Badiofreelance.
G. Postings in Interactive Areas of this Website.
g.1. Postings to be Lawful. If you participate in Interactive Areas on this Website, you shall not post, publish, upload or distribute any Postings which are unlawful or abusive in any way, including, but not limited to, any Postings that are defamatory, libelous, pornographic, obscene, threatening, invasive of privacy or publicity rights, inclusive of hate speech, or would constitute or encourage a criminal offense, violate the rights of any party, or give rise to liability or violate any local, state, federal or international law. Badiofreelance may delete your Postings at any time for any reason or no reason without permission from you. If you come across any content that may violate our Terms of Service 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 team. To protect individual privacy, the results of the investigation are not shared. You can review our Privacy Policy for more information.
g.2. Postings shall not contain protected health information or healthcare or legal advice. You are strictly prohibited from submitting Postings that are considered protected health information under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) or the Health Information Technology for Economic and Clinical Health Act of 2009 (HITECH). You may not submit any Posting that contains legal or healthcare advice. You are also strictly prohibited from providingBadiofreelance with any “sensitive information,” (which includes, for example, personal information specifying medical or health conditions, racial or ethnic origin, or trade union membership) and, should Badiofreelance discover that you have done so, Badiofreelance will remove it immediately and reserves the right to ban you from the Website. None of the foregoing shall obligate Badiofreelance to actively screen the information that you provide.
g.3. No Monitoring of Postings. Badiofreelance has no obligation to monitor or screen Postings and is not responsible for the content in such Postings or any content linked to or from such Postings. Badiofreelance however reserves the right, in its sole discretion, to monitor Interactive Areas, screen Postings, edit Postings, cause Postings not to be posted, published, uploaded or distributed, and remove Postings, at any time and for any reason or no reason.
g.4. Non-Commercial Use Only of Interactive Areas. Interactive Areas are provided solely for your personal use. Any commercial or otherwise unauthorized use of the Interactive Areas of this Website, it’s Content, or Postings is expressly prohibited.
g.5. You shall be solely responsible for all interactions with other users of the Website. In your interactions with other users (including, but not limited to forum comments), you agree to conduct yourself civilly and respectfully. While using the Website, you agree that you shall not under any circumstances harass or make mischief against any other user of the Website. While Badiofreelance makes commercially reasonable efforts to ensure that Website and Service fosters a safe and positive environment for its users, you hereby acknowledge and agree that Badiofreelance does not actively monitor or police the interactions between users of the Website (and has no obligation to do so) and you hereby disclaim Badiofreelance from and against any and all liability resulting from a user’s interaction with, or conduct towards, any other user. Notwithstanding the foregoing, Badiofreelance reserves the right to determine, at its sole discretion, what constitutes harassment or mischief, and where that has occurred; and may, also at its sole discretion, partially or completely deny access to the Website to any infringing party.
H. Errors and Corrections. Badiofreelance does not represent or warrant that this Website or the Content or Postings will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. Badiofreelance does not warrant or represent that the Content or Postings available on or through this Website will be correct, accurate, timely, or otherwise reliable. Badiofreelance may make improvements and/or changes to its features, functionality, Content or Postings at any time.
I. Third Party Content. Third party content (including, without limitation, Postings) may appear on the Website or may be accessible via links from the Website. Badiofreelance shall not be responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on the Website. You understand that the information and opinions in the third party content is neither endorsed by nor does it reflect the belief or opinion of Badiofreelance. Further, information and opinions provided by employees and agents of Badiofreelance in Interactive Areas are not necessarily endorsed by Badiofreelance and do not necessarily represent the beliefs and opinions of Badiofreelance. The Website may also allow you to sign into third party social media accounts to facilitate Postings (e.g. Facebook, Google etc). Badiofreelance does not control these third parties or what they will do with your Postings. Badiofreelance is not liable for any acts or omissions of these third parties and, by logging into them through the Website, you are assuming all risks. Such third party websites may have their own terms of use that may govern your use through the Website. Please review these terms of use prior to logging into these websites through the Website.
J. Assumption of Risk. Unless prohibited by law, you assume all liability
for any claims, suits or grievances filed against you, including, but not
limited to, all damages related to your participation in any of the
Interactive Areas.
K. DISCLAIMER. TO THE EXTENT NOT PROHIBITED BY LAW, THE WEBSITE, THE INTERACTIVE AREAS, THE CONTENT, AND POSTINGS ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS AND Badiofreelance EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT NOT PROHIBITED BY LAW, Badiofreelance DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO (1) ANY ERRORS IN OR OMISSIONS FROM THE WEBSITE, THE INTERACTIVE AREAS, THE CONTENT, AND THE POSTINGS INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (2) THIRD PARTY COMMUNICATIONS, (3) ANY THIRD PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (4) THE UNAVAILABILITY OF THE WEBSITE, THE INTERACTIVE AREAS, THE CONTENT, THE POSTINGS, OR ANY PORTION THEREOF, (5) YOUR USE OF THE WEBSITE, THE INTERACTIVE AREAS, THE CONTENT, OR THE POSTINGS, OR (6) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE WEBSITE, THE INTERACTIVE AREAS, THE CONTENT, OR THE POSTINGS.
LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, Badiofreelance SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE WEBSITE, THE CONTENT, THE POSTINGS, THE INTERACTIVE AREAS, ANY FACTS OR OPINIONS APPEARING ON OR THROUGH ANY OF THE INTERACTIVE AREAS, OR ANY THIRD PARTY COMMUNICATIONS. UNLESS PROHIBITED BY LAW, Badiofreelance SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITE, THE INTERACTIVE AREAS, THE CONTENT, THE POSTINGS, OR ANY THIRD PARTY COMMUNICATIONS. UNLESS PROHIBITED BY LAW, TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, Badiofreelance’s SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $100.00. YOU AND Badiofreelance AGREE THAT, UNLESS PROHIBITED BY LAW, ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE ARISING HEREUNDER WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT YOU WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU ACT OR PROPOSE TO ACT IN A REPRESENTATIVE CAPACITY. YOU FURTHER AGREE THAT, UNLESS PROHIBITED BY LAW, NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF Badiofreelance AND ALL PARTIES TO ANY SUCH PROCEEDING.
L. Indemnification. You agree to indemnify, defend and hold harmless Badiofreelance, its present and future officers, directors, employees, agents, licensors, suppliers and any third party information providers to this Website from and against all claims, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use by you or arising from or related to any Postings uploaded or submitted by you and/or any false, infringing or misleading information that you submit to Badiofreelance. Notwithstanding the foregoing, you shall not be obligated to indemnify Badiofreelance for any act or omission of Badiofreelance that constitutes negligence or breach of a duty imposed on Badiofreelance by applicable law.
M. Third Party Rights. The provisions of paragraphs 12 (Disclaimer), 13 (Limitation of Liability) and 14 (Indemnification) are for the benefit of Badiofreelance and its present and future officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Website. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
N. Termination of Access. Badiofreelance reserves the right to investigate complaints or reported violations of these Terms of Use and
to take any action Badiofreelance deems appropriate. Badiofreelance may discontinue any party’s participation in any of the Interactive Areas at any time for any reason or no reason.
O. Remedies for Violations. Badiofreelance reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular internet address to the Website and any other Badiofreelance websites and their features.
P. Governing Law and Jurisdiction. The Terms of Use are governed by and construed in accordance with the internal law of the State of New York without reference to its principles of conflicts of laws and any action arising out of or relating to these Terms of Use shall be filed only in the state or federal courts located in the State of New York in the County of New York and you hereby consent and submit to the exclusive personal jurisdiction of such courts for the purpose of litigating any such action.
Q. Privacy. Your use of the Website and the Service is subject to Badiofreelance’s Privacy Policy, a link to which is (here)
R. Severability of Provisions. These Terms of Use incorporate by reference any notices contained on the Website and the Privacy Policy and constitute the entire agreement with respect to access to and use of the Website, the Interactive Areas, and the Content and Postings. If any provision of these Terms of Use is deemed unlawful, void or unenforceable by a court of law exercising proper jurisdiction, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability.
Dispute and Cancellation: 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 Badiofreelance’s Customer Support department for assistance.
As our community grows and changes, so will the way we evaluate and enforce these Terms of Service. It’s up to all of us to ensure that Badiofreelance is a safe, secure, and welcoming place for everyone. Thanks for being a part of our global Community!
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