Terms of Service

Gigs Arena’s Terms of Service Last Update: August 2020

Welcome to GigsArena.com.

The following terms of service (these “Terms of Service”), govern your access to and use of the Gigs Arena website, including any content, functionality and services offered on or through www.gigsarena.com (the “Site”) by Gigs Arena, and, with respect to payment processing services, by its subsidiaries: Gigs Arena (Jodhpur, Rajasthan, India) for payments made from India or Gigs Arena for payments made from anywhere else. Gigs Arena and its subsidiaries are collectively referred here to as “Gigs Arena” “Gigs Arena Team” “we” or “us”.

Please read the Terms of Service carefully before you start to use the Site. By using the Site, opening an account or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, found here, incorporated herein by reference. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Site. For more detailed policies surrounding the activity and usage on the Site, please access the designated articles herein.

This Site is offered and available to users who are 18 years of age or older. If you are under 18 you may not use this Site or the Gigs Arena 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.

The original language of these Terms of Service, as well as all other texts throughout the Site, is English. Gigs Arena makes available this translation for convenience only. In case of conflicts between the original English version and any translation, the English version shall prevail.

Key Terms

Buyers are users who purchase services on Gigs Arena.

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 Gigs Arena.

Gigs Arena Balance is the aggregated amount of your Revenue as a Seller and/or returned payments from cancelled orders as a Buyer.

Credits are credits that Gigs Arena may provide users to be used only for purchases on Gigs Arena, subject to these Terms of Service or any other applicable laws and/or terms.

Gig Extras are additional services offered on top of the Seller’s Gig for an additional price defined by the Seller.

Gig 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.​

Gig Page is where the Seller can describe their Gig and the Gig’s terms, and the Buyer can purchase the Gig and create an order.

Gig / Gigs are services offered on Gigs Arena.

Order Page is where Buyers and Sellers communicate with each other in connection with an ordered Gig.

Orders are the formal agreement between a Buyer and Seller after a purchase was made from the Seller’s Gig Page.

Payment Services Provider(s) are service providers that provide payment services to Buyers and Sellers in connection with the Gigs Arena platform, including with respect to collection of funds from Buyers in connection with purchases, remittance and withdrawal of funds to Sellers, currency exchange services in connection with payments in local currencies, and the holding of funds in connection with Gigs Arena Balances.

Revenue is the money that Sellers earn from completed orders and can either withdraw or use to purchase on Gigs Arena, subject to these Terms.

Sellers are users who offer and perform services through Gigs on Gigs Arena.

Overview (Main terms, in a nutshell)

• Only registered users may buy and sell on Gigs Arena. Registration is free upto a limited time period.
• Gigs on Gigs Arena may be offered at a base starting price of $5. Some Gigs are offered at a base price of more than $5 as determined by the Seller.
• Buyers pay Gigs Arena in advance to create an order (see Purchasing Section below regarding payment terms).
• Orders are purchased through the Buy now button found on a Seller’s Gig page or through a Custom Offer.
• For fees and payments please read the purchasing section.
• 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.
• Sellers gain account statuses (Levels) based on their performance and reputation. Advanced levels provide their owners with benefits, including offering services for higher prices through Gig Extras, or selling their Gig in multiples.
• Users may not offer or accept payments using any method other than placing an order through gigsarena.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. See our “Ownership” and “Commercial Use License” sections below for more information.
• Gigs Arena retains the right to use all published delivered works for Gigs Arena marketing and promotion purposes.
• We care about your privacy. You can read our Privacy Policy here. The Privacy Policy is a part of these Terms of Service and incorporated herein by reference.
• Users undertake to comply with Gigs Arena’s Community Standards, which are a set of behavior rules and guidelines, applicable to the Gigs Arena community and marketplace in addition to these Terms of Service, as updated from time to time.

SELLERS

Basics

• • Sellers create Gigs on Gigs Arena 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 net revenue of 80% of the purchase amount.
  • Gigs Arena accredits Sellers once an order is completed. See our “Orders” section below for a definition of a completed order.
  • If an order is cancelled (for any reason), the funds paid will be returned to the Buyer’s Gigs Arena Balance.
  • Revenues are only made available for withdrawal from the Revenue page following a safety clearance period of 14 days after the order is marked as complete. Top Rated Sellers and Pro Sellers are eligible to withdraw revenue following a safety clearance period of 7 days after the order is marked as complete.
  • Sellers may not promote their Gigs or any Gigs Arena content via the Google Ads platform.
  • Sellers may withdraw their revenues using one of Gigs Arena’s withdrawal options (see Withdrawal Section below regarding payment terms).
  • The Seller’s rating is calculated based on the order reviews posted by Buyers. High ratings allow Sellers to obtain advanced Seller levels (see Levels below). In certain cases, exceedingly low ratings may lead to the suspension of the Seller’s account.
  • For security concerns, Gigs Arena may temporarily disable a Seller’s ability to withdraw revenue to prevent fraudulent or illicit activity. This may come as a result of security issues, improper behavior reported by Buyers, or associating multiple Gigs Arena accounts to a single withdrawal provider.
  • Sellers are responsible for paying any direct or indirect taxes, including any GST, VAT or otherwise, which may apply to them depending on residency or location. Sellers represent and warrant that they comply, and will comply at all times, with their obligations under income tax provisions in their jurisdiction.
  • Appointment as Limited Payment Collection Agent: Seller hereby appoints Gigs Arena as Seller’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 Seller. Seller agrees that payment from Buyer to Gigs Arena shall be considered the same as payment made directly to Seller. Buyer’s payment obligation to Seller will be satisfied upon receipt of payment by Gigs Arena (or its Payment Services Provider, as applicable), and Gigs Arena (via its Payment Services Provider, as applicable) is responsible for remitting the funds to the Seller in the manner described in these Terms of Service. In the event that Gigs Arena (via Payment Services Provider) does not remit any such amounts to Seller, the Seller will have recourse only against Gigs Arena and not the Buyer directly. Seller agrees that Gigs Arena may describe or otherwise reflect the terms contained herein in any terms of service, receipts, disclosures, or notices including, but not limited to, receipts provided to Buyers that Gigs Arena may deem necessary or prudent.
  • Gigs Arena partners with Payment Services Providers for purposes of collecting payments from Buyers, transferring such payments from Buyers to Sellers, and holding funds in connection with Gigs Arena Balances. All payments services in connection with the withdrawal of funds on the Gigs Arena platform are performed by Gigs Arena’s Payment Services Providers.
  • 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

• Sellers are allowed to post a select amount of active Gigs based on their Level status.
  • 10 Gigs for Sellers without a Level status.
  • 20 Gigs for Level 1 Sellers.
  • 30 Gigs for Level 2 Sellers.
  • 50 Gigs for Top Rated Sellers.
• Gigs created on Gigs Arena are User Generated Content.
• Gigs and/or users may be removed by Gigs Arena from the Site for violations of these Terms of Service and/or our Community Standards, which may include (but are not limited to) the following violations and/or materials:
  • Illegal or Fraudulent services
  • Copyright Infringement, Trademark Infringement, and violation of a third party’s terms of service reported through our Intellectual Property Claims Policy found here
  • Adult oriented services, Pornographic, Inappropriate/Obscene
  • Intentional copies of Gigs
  • Spam, nonsense, or violent or deceptive Gigs
  • Gigs misleading to Buyers or others
  • Reselling of regulated goods
  • Offering to prepare academic works on behalf of Buyers
  • Services that extend beyond 30 days of service duration
  • Exceedingly low quality Gigs
  • Promoting Gigs Arena and/or Gigs Arena 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 Gigs Arena’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 losing Seller status or becoming permanently disabled.
• Gigs may contain an approved Gig Video link through the Gig management tools available on Gigs Arena.
• Statements on the Gig Page that undermine or circumvent these Terms of Service is prohibited.
• Eligible Gigs in select Categories may set up Gig Packages to offer their services in structured formats with multiple price points for the selected Gig.

Gig Extras

• Gig Extras are additional services offered on top of the Seller’s Gig for an additional price defined by the Seller.
• Gig Extras may be removed for violations of our Terms of Service and/or our Community Standards. For specific terms, please see the Gigs section above for a list of services that violate our Terms of Service. Gigs are subject to be removed due to violations found in Gig Extras.
• The amount of Gig Extras, which can be offered, and the price for each Gig Extra, is based on your Seller Level. More information surrounding your accounts eligibility for Gig Extras can be found here.
• Services offered through Gig Extras must be related to the base service and part of the deliverables on the Order.
• Gig Extras may cover different categories of services that are components to a higher quality delivered service.
• Sellers have the option to extend the duration of an Order for each Gig Extra that is added to the Order. This is to cover the time needed to complete the extra service.

Levels

Gigs Arena is all about helping Sellers leverage their skills. We seek to empower top performing Sellers with helpful tools to grow their business. Sellers who invest in self-promotion may achieve greater customer satisfaction. And, if they deliver on time and maintain high quality and ratings, Gigs Arena may reward them with new statuses, special opportunities, benefits, and tools that come with it.

• Gigs Arena Sellers can gain account Levels based on their activity, performance and reputation. The advancement criteria can be found here.
• Advancement in Levels are updated periodically by an automated system.
• The current Levels a Seller can achieve are, Level 1, 2, and Top Rated.
• Sellers who cannot maintain their high quality service, experience a severe drop in ratings, or stop delivering on time risk losing their Seller status and the benefits that come with it. For example, late deliveries, warnings to the Seller’s account and cancellations can cause a Seller to move to a different Level.
• Advanced levels provide their owners with additional benefits, including offering Gigs for higher prices through Gig Extras, or selling their Gig in multiples.

Top Rated Sellers

• Top Rated Sellers are chosen manually by Gigs Arena editors through an ongoing review process based on seniority, volume of sales, extremely high ratings, exceptional customer care, high order completion rate and community leadership. Top Rated Sellers gain access to more extensive features than previous levels, including exclusive access to beta features and VIP support.
• Top Rated eligibility is constantly evaluated by Gigs Arena to ensure that the quality standards and expectations of the Top Rated selection is kept. Gigs Arena retains the right to change a Top Rated Seller status in light of such evaluation. In addition, Top Rated Sellers who cannot maintain their high quality service through a severe drop in ratings, stop delivering on time, increased cancellation rate or violate our Terms of Service and/or our Community Standards, also risk losing their Top Rated status and the benefits that come with it.

Seller Features

Gigs Arena 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 Gigs Arena’s Terms of Service and/or our Community Standards.
• Project Milestones:
  • Custom Offers above $100 may include up to three project milestones. Each milestone is paid and delivered separately in accordance with each Custom Offer’s description and timelines.
  • A milestone is marked as Complete after it is delivered by the Seller and then accepted by the Buyer. A milestone will be automatically marked as complete if no acceptance or request for modification were submitted within 8 days after marked as Delivered, however, in such case the Order will be stopped and all further milestones will be cancelled.
  • Once a milestone is delivered, Buyers may choose to either continue with the Order and pay for the next milestone, or to stop the Order. Please note that if you choose to stop the Order, the current delivered milestone will not be cancelled.

Shipping Physical Deliverables

Some of the services on Gigs Arena are delivered physically (arts and crafts, collectable items, etc.). For these types of Gigs, 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).

• Gigs that include shipping costs 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.
• Gigs Arena 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.

Withdrawing Revenues

• To withdraw your revenue, you must have an account with at least one of Gigs Arena’s Payment Service Providers for the withdrawal methods. All funds eligible for Withdrawal will be held on your Gigs Arena behalf at an account with Gigs Arena’s Payment Services Provider. All payment services, including withdrawal services will be provided by Gigs Arena’s Payment Services Provider.
• Your Gigs Arena profile can be associated with only one account from each Gigs Arena withdrawal methods. A Payment Service Provider withdrawal account can be associated with only one Gigs Arena profile.
• Revenues are only made available for withdrawal from the Revenue page following a safety clearance period of 14 days after the order is marked as complete. Top Rated Sellers are eligible to withdraw revenue following a safety clearance period of 7 days after the order is marked as complete.
• To withdraw your available revenue, you must click on the designated withdrawal provider to initiate the withdrawal process
• Withdrawals can only be made in the amount available to you.
• Withdrawal fees vary depending on the withdrawal method.
• Withdrawals are final and cannot be undone. We will not be able to reverse this process once it has begun.
• In certain cases, Sellers may withdraw Revenues in several different currencies. All currency exchange services in connection with such withdrawals are performed by Gigs Arena’s Payment Services Providers. Your Gigs Arena Balance is always derived from its US$ value and, therefore, the local currency amount of your Gigs Arena Balance may change daily in accordance with exchange rates fluctuations and also includes conversion fees. Sellers always have the option to withdraw Revenues in US$. Currently we payout only via Paypal. Soon other payment service providers will be added for payout’s once having a tie up with them.

Withdrawal Methods

METHOD	FEE	SERVICE AVAILABILITY
Withdraw to your PayPal Account	$0*	For a list of PayPal services by country click here

* Additional fees may apply based on your location and currency.

BUYERS

Basics

• You may not offer direct payments to Sellers using payment systems outside of the Gigs Arena platform.
• Gigs Arena retains the right to use all publicly published delivered works for Gigs Arena marketing and promotional purposes.
• Buyers may request a specific service from the Post a Request feature. Services requested on Gigs Arena must be an allowed service on Gigs Arena. Please click here for guidelines on approved services. Users should refrain from using the Post a Request feature for any purpose other than looking for services on Gigs Arena.

Purchasing

• Buyers pay Gigs Arena to create an order from a Seller’s Gig page or Custom Offer, using the Order Now button or through the Logo Maker. Gigs Arena partners with Payment Services Providers for purposes of collecting all payments from Buyers, transferring such payments from Buyers to Sellers, and holding funds in connection with Gigs Arena Balances. All payments services in connection with the collection of funds on the Gigs Arena platform are performed by Gigs Arena’s Payment Services Providers.
• Gigs Arena serves as Seller’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 Seller. Buyer’s payment obligation to Seller will be satisfied upon receipt of payment by Gigs Arena (or its Payment Services Provider, as applicable), and Gigs Arena (via its Payment Service Provider, as applicable) is responsible for remitting the funds to the Seller in the manner described in these Terms of Service. In the event that Gigs Arena (via Payment Services Provider) does not remit any such amounts to Seller, the Seller will have recourse only against Gigs Arena and not the Buyer directly.
• 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 Gigs Arena Anywhere.
• In most locations, purchases on Gigs Arena can be made by using one of the following payment methods: Credit Card, PayPal, Gigs Arena Credits or existing Gigs Arena Balance. Additional payment methods may apply in certain locations.
• Service fees are added at the time of purchase where a Buyer can review and accept the total amount requested to pay. These fees cover administrative fees. As of May 2018, the current fees assessed to the total purchase amount are $2 on purchases up to $40 and 5% on purchases above $40.
• Your existing Gigs Arena Balance will be automatically applied to your next purchase.
• You may not offer Sellers to pay, or make payment using any method other than through the GigsArena.com site. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support here.
• To protect against fraud, unauthorized transactions (such as money laundering), claims or other liabilities, payment information in connection with withdrawals is collected by either Gigs Arena or Gigs Arena’s Payment Services Providers. Payment Services Providers may also collect such other information as necessary for proposes of processing withdrawal payments. Gigs Arena 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 here.
• By using any payment method and/or providing payment details for making purchases on Gigs Arena, 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 Gigs Arena; and (d) such actions do not violate any applicable law.

Taxes

• Buyers may be charged with indirect taxes (such as Sales Tax, VAT or GST) depending on their residency, location and any applicable law, 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.
• Buyers agree that they are responsible to comply with all tax requirements applicable to them, including but not limited to any obligation to deduct or withhold taxes. It is hereby clarified that all prices and fees that appear on the Site are the net amounts that will be paid following any direct or indirect taxes, levy, withholding tax and/or deductions.

ORDERS

Basics

• Once payment is confirmed, your order will be created and given a unique Gigs Arena order number (#GAON).
• 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 this 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 3 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 Gigs Arenas Customer Support department for assistance here.
• Orders through the Logo Maker are completed once payment is made by the Buyer.

Handling Orders

• When a Buyer orders a Gig, the Seller is notified by email as well as 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. Gigs Arena 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 Gigs Arena’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 Gigs Arena platform from users within our Community. Purchases arranged, determined to artificially enhance Seller ratings, or to abuse the Gigs Arena 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.
• Work Samples are the delivered images and videos sent to a Buyer in a delivery message. Work Samples are added to a Seller’s Live Portfolio on their Gig page if the Buyer chooses to publish the Work Sample while providing a public feedback review.
• 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.
• Responding and posting a review: Once work is delivered, the Buyer has three days to respond. If no response is provided within the response period, the Order will be considered completed.
• 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.
• Feedback reviews are unavailable for orders made through the Logo Maker.

Disputes and Cancellations

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 Gigs Arena’s Customer Support department for assistance here.

Basics

• Order cancellations can be performed on Gigs Arena, when eligible, by Customer Support or through the Resolution Center per order.
• Filing a transaction dispute or reversing a payment through your payment provider or your bank is a violation of these Terms of Service. 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 a Buyer or Seller encounters 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.
• Gigs Arena, through its Payment Services Providers, 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 Gigs Arena Balance.
• Revisions to deliveries can be performed by Sellers based on the Seller’s Gig and customer care. Sellers may determine the amount of revisions offered to Buyers, 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 Sellers beyond the agreed requirements by using the Request Revisions button is not allowed.

Order Cancellations

• Gigs Arena encourages Buyers and Sellers to resolve service disputes mutually using the Resolution Center.
• Eligibility for requests to Gigs Arena 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 Gigs Arena delivery system. See below for Order specific eligibility.
• Completed orders (or, where applicable, completed milestones) may be cancelled, upon review of our Customer Support team, up to 14 days after the order (or Milestone) is marked as complete. Please be advised that orders cannot be partially cancelled (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 14 days have passed from its completion. In such cases, the amounts paid for the cancelled order will be returned to the Buyer’s Gigs Arena Balance and will be deducted from the Seller’s Gigs Arena Balance or, if there are no sufficient amounts in the Seller’s Gigs Arena Balance, from future revenues of such Seller.
• Orders are not eligible to be cancelled based on the quality of service/materials delivered by the Seller if the service was rendered as described in the Gig Page. Buyers may rate their experience with the Seller on the Order Page, including the overall level of service quality received.
• Buyers must use Gigs Arena Resolution Center to address their concerns and desired resolution related to the service provided by their Seller prior to contacting Customer Support. Customer Support will not take any action against Orders where the Buyers failed to inform their Seller of issues related to the Seller’s service and will allow Sellers to provide a resolution first. This does not include non-permitted usage of Gigs Arena.
• Any non-permitted usage of Gigs Arena 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 behavior, or other violations of Gigs Arena’s Terms of Service.
• Gigs Arena Customer Support will cancel orders based on, but not limited to, the following reasons:
  • Active Orders (after the Buyer submits their requirements and before the Seller delivers on Gigs Arena)
    • The Seller 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 the Buyer requirements or the Seller’s delivery.
    • The user is no longer an active Gigs Arena user due to Terms of Service violations or closure of their account.
  • Delivered Orders (after the Seller clicks Deliver Now and before the order is marked as complete)
    • The Seller uses the Delivery system to extend the delivery due date to complete the requested service without providing the final delivered service to Buyers. Note: Multiple reported offenses will result in permanent suspension of your account.
    • The Seller 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 Seller requests additional payments, on or off the Gigs Arena platform, by withholding the final delivery of services directly related to the agreed requirements.
    • The Seller is withholding the final delivery of services for improved ratings.
    • Buyers who abuse the Request Revisions button to gain more services from Sellers beyond the agreed requirements.
    • Buyers who threaten to leave a damaging review to gain more services from the Seller 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.
    • Buyers 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 Seller’s Gig Page and cannot be retroactively included once the order is completed for over 14 days.
    • Gigs Arena Customer Support will review cases of Order delivery manipulation that prevents Buyers and Sellers from fully utilizing our Resolution Center that enabled the order to be marked as complete.

Refunds

• Gigs Arena does not automatically refund payments made for cancelled orders back to your payment provider. Funds from order cancellations are returned to the Buyer’s Gigs Arena Balance and are available for future purchases on Gigs Arena. Until January 1, 2019, funds returned to your Gigs Arena Balance from cancelled orders will not include service fees paid. As of January 1, 2019, Gigs Arena returns service fees to your Gigs Arena Balance once an order is cancelled. In any event, if the service fees were not returned to your Gigs Arena Balance following an order cancelation, such service fees’ amount will be exempted from your next purchase on Gigs Arena.
• Deposit refunds (i.e. refunds directly to your payment provider) can be performed by our Customer Support team, based on the Order’s original payment amount and currency. To prevent fraud and abuse, we limit the total amount of times users can request a payment provider refund, which is subject to review by our Customer Support team. Such refunds may be subject to an additional fee.

Gigs Arena Credits

In certain instances, Gigs Arena may offer you credits (“Gigs Arena Credits” or “Credits”), either for promotional purposes or otherwise, to be used for purchasing Gigs and/or other services offered on the Site. Your available Credit balance will appear in your account. Your valid Gigs Arena 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, Gigs Arena Credits expire following three months from their receipt. Gigs Arena Credits serve only as an incentive to use Gigs Arena, and, therefore, are not redeemable for cash, have no cash value and are nonrefundable. Once used, Gigs Arena Credits may not be returned to your account even if your Order gets cancelled. Gigs Arena 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. Gigs Arena reserves the right to modify or cancel the Gigs Arena Credits program at any time. If you or Gigs Arena deactivate or suspend your Gigs Arena account, any unused Gigs Arena Credits in your account will be forfeited.

User Conduct and Protection

Gigs Arenaenables people around the world to create, share, sell and purchase nearly any service they need at an unbeatable value. Services offered on Gigs Arena reflect the diversity of an expanding Gig economy. Members of the Gigs Arena community communicate and engage through orders, social media, and on Gigs Arena’s Community Forums.

Gigs Arena maintains a friendly, community spirited, and professional environment. Users should keep to that spirit while participating in any activity or extensions of Gigs Arena. This section relates to the expected conduct users should adhere to while interacting with each other on Gigs Arena.

To report a violation of our Terms of Service and/or our Community Standards, 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 Gigs Arena in order to circumvent or abuse the Gigs Arena messaging system or Gigs Arena platform is not permitted.
• Any necessary exchange of personal information required to continue a service may be exchanged within the Order Page.
• Gigs Arena 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.
• Gigs Arena does not provide protection for users who interact outside of the Gigs Arena platform.
• All information and file exchanges must be performed exclusively on Gigs Arena’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.
• Gigs Arena is open to everyone. Discrimination against a community member based on gender, race, age, religious affiliation, sexual preference or otherwise is not acceptable and may result in the suspension/removal of your account.
• Users may not submit proposals or solicit parties introduced through Gigs Arena to contract, engage with, or pay outside of Gigs Arena.

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 Arena reviews cases of payment provider chargebacks and disputes on behalf of Sellers. Although results vary per case due to each chargeback reason, we work hard on resolving disputes in the Seller’s favor. If the chargeback case allows, Gigs Arena (or one of Gigs Arena’s Payment Services Providers) will return parts or full revenue back to Sellers, otherwise the chargeback amount will be borne by the Seller.

Gigs

• Users may report Gigs to Customer Support that may be in violation of Gigs Arena’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.
• Gigs Arena will respond to clear and complete notices of alleged copyright or trademark infringement. Our Intellectual Property claims procedures can be reviewed here.

Reporting Violations

If you come across any content that may violate our Terms of Service and/or our Community Standards, 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 of Service and/or our Community Standards 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 – Gigs Arena does not allow any exchange of adult oriented or pornographic materials and services.

Inappropriate Behavior & Language – Communication on Gigs Arena should be friendly, constructive, and professional. Gigs Arena 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 Gigs Arena will not be protected by our Terms of Service.

Authentic Gigs Arena Profile – You may not create a false identity on Gigs Arena, misrepresent your identity, create a Gigs Arena 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. Gigs Arena 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 – Gigs Arena will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s terms of service. Our Intellectual Property claims procedures can be reviewed here.

Fraud / Unlawful Use – You may not use Gigs Arena 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 account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the Gigs Arena community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations of Gigs Arena’s Terms of Service and/or our Community Standards 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 Gigs Arena. This includes creating new multiple accounts to harass members through our message or ordering system.

Selling Accounts – You may not buy or sell Gigs Arena accounts.

Proprietary Restrictions

The Site, including its general layout, design and content, is exclusively owned by Gigs Arena and protected by copyright law. 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.

Feedback Rights

To the extent that you provide Gigs Arena with any comments, suggestions or other feedback regarding the Gigs Arena platform or the Site as a whole, as well as other Gigs Arena products or services (collective, the “Feedback”), you will be deemed to have granted Gigs Arena an exclusive, royalty-free, fully paid up, perpetual, irrevocable, worldwide ownership rights in the Feedback. Gigs Arena 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

• Gigs Arena reserves the right to put any account on hold or permanently disable accounts due to breach of these Terms of Service and/or our Community Standards or due to any illegal or inappropriate use of the Site or services.
• Violation of Gigs Arena’s Terms of Service and/or our Community Standards may get your account disabled permanently.
• Users with disabled accounts will not be able to sell or buy on Gigs Arena.
• Users who have violated our Terms of Service and/or our Community Standards 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.
• Sellers 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 Gigs Arena’s approval.
• Disputes should be handled using Gigs Arena’s dispute resolution tools (‘Resolution Center’ on the order page) or by contacting Gigs Arena Customer Support.
• Gigs Arena may make changes to its Terms of Service from time to time. When these changes are made, Gigs Arena will make a new copy of the terms of service available on this page.
• You understand and agree that if you use Gigs Arena after the date on which the Terms of Service have changed, Gigs Arena will treat your use as acceptance of the updated Terms of Service.

User Generated Content

User Generated Content (“UGC”) refers to the content added by users as opposed to content created by the Site. All content uploaded to Gigs Arena by our users (Buyers and Sellers) is User Generated Content. Gigs Arena 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, Gigs Arena 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, offer Promoted Gigs or otherwise). We provide no warranty with respect to the Gigs, their delivery, any communications between Buyers and Sellers, and the Logo Designs created through the Logo Maker. We encourage users to take advantage of our rating system, our community and common sense in choosing appropriate services.

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 Gigs Arena. Sellers advertising online their Gig or Logo Design created through the Logo Maker 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 or Logo Design from the Logo Maker, 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 – 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

Ownership and limitations: When purchasing a Gig on Gigs Arena, 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, 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 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 shall be the exclusive property of Buyer, and Seller assigns all rights, title and interest in the delivered work. Some Gigs (including for custom created work) charge additional payments (through Gig Extras) for a Commercial Use License. This means that if you purchase the Gig 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 Gig Extra and will have broader rights that cover your business use.

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 Gigs Arena, including Gig texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by Gigs Arena for no consideration for marketing and/or other purposes.

Voice Over Commercial Buy-Out

When purchasing a Voice Over Gig, the Seller grants you a perpetual, exclusive, non-transferable, worldwide license to use the purchased Voice Over (except for commercials, radio, television and internet commercial spots).
By purchasing a Commercial Rights (Buy-Out) with your order, in addition to the basic rights, the Seller grants you with a license to use the Voice Over for any corporate, promotional and non-broadcast purposes. Corporate, promotional and non-broadcast purposes means any business related use for the creation of, or to promote a for-product profit or service (with the exception of paid marketing channels), such as (by way of example): explainer videos posted to company websites, social networks or email campaigns, audiobooks, podcast intros, and strictly excludes any illegal, immoral or defamatory purpose.
By purchasing a Full Broadcast Rights (Buy-Out) with your order, in addition to the Commercial Rights, the Seller grants you with a license for full broadcasting, which includes internet, radio, and TV “paid channels” including (by way of example): television commercials, radio commercials, internet radio, and music/video streaming platforms, and strictly excludes any illegal, immoral or defamatory purpose.

This Buy-Out is subject to Gigs Arena’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 Gigs Arena 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.

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 Gigs Arena’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 Gigs Arena 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 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 GIGS ARENA NOR ANY PERSON ASSOCIATED WITH GIGS ARENA 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.

Machine Translation

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 GIGS ARENA, 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, GIGS ARENA 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 Gigs Arena, where control means having more than fifty percent (50%) voting stock or other ownership interest or the majority of voting rights of such entity.