Digitaltribe's Terms of Service
Last Update: 21st of April 2020
Welcome to www.digitaltribe.io
The following terms of service (these "Terms of Service"), govern your access to and use of the Digitaltribe website, including any content, functionality and services offered on or through www.digitaltribe.io (the "Site") by Tribehub.
This Site is offered and available to users who are 13 years of age or older. If you are under 13 you may not use this Site or the Digitaltribe 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 Monday to Friday 9:00am- 6:00pm CEST time if you have any questions regarding the Site or Terms of Service. Contacting our Customer Support team can be performed by sending an email to firstname.lastname@example.org.
The original language of these Terms of Service, as well as all other texts throughout the Site, is English. In case of conflicts between the original English version and any translation, the English version shall prevail.
Custom Offers are exclusive proposals that a Freelancers can create in response to specific requirements of the Employer.
Custom Orders are requests made by the Employer to receive a Custom Offer from the Freelancer.
Disputes are disagreements experienced during an order between the Employer and the Freelancer on Digitaltribe.
Employers are users who create a profile on Digitaltribe with the intention to either buy a service posted by seller/freelancer or to create a job offer available for the freelancers registered on the website.
Freelancers are users who create and sell services on Digitaltribe, they can also apply for job offers published by Employers.
Job Offer is a job posted by an employer, who needs a specific service. Freelancers can contact him and apply for the job.
Milestones can be set by the Employer or the Freelancer for the duration of the project, in that case the Freelancer with receive a payment every time a milestone is achieved.
Order Page is where Employers and Freelancers communicate with each other in connection with an ordered service.
Orders are the formal agreement between the Employer and the Freelancer after service was purchased.
Payment Services Provider(s) are service providers that provide payment services to Employers and Freelancers in connection with the Digitaltribe platform, including with respect to collection of funds from Employers in connection with purchases, remittance and withdrawal of funds to Freelancers, currency exchange services in connection with payments in local currencies, and the holding of funds in connection with Digitaltribe Balances.
Revenue is the money that Freelancers earn from completed orders and can withdraw once the order or a milestone is complete.
Services are posted by Freelancers, offering their skills in exchange for a payment.
Overview (Main terms, in a nutshell)
- Only registered users may buy and sell on Digitaltribe.
- Services on Digitaltribe may be offered at a base starting price of $5. Some services are offered at a base price of more than $5 as determined by the Seller.
- Buyers pay Digitaltribe in advance to create an order (see Purchasing Section below regarding payment terms).
- Orders are purchased through the Order button found on a Seller’s service page or through a Custom Offer.
- 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 Service Extras, or selling their service in multiples.
- Users may not offer or accept payments using any method other than placing an order through Digitaltribe.
- When purchasing a service, Buyers are granted all rights for the delivered work, unless otherwise specified by the Seller on their Service page. Note: some services charge additional payments (through service Extras).
Digitaltribe retains the right to use all published delivered works for Digitaltribe marketing and promotion purposes.
- Freelancers create a Service on Digitaltribe to allow Employers to purchase their services.
- Freelancers may also offer Custom Offers to Employers in addition to their services.
- Each service you sell and successfully complete, accredits your account with a net revenue of 85% of the purchase amount.
- Digitaltribe accredits Freelancers once an order is completed or once the milestone is achieved.
- If an order is cancelled (for any reason), the funds paid will be returned to the Employer’s 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.
- Sellers may withdraw their revenues using PayPal or Stripe.
- The Freelancer's rating is calculated based on the order reviews posted by Employers.
- For security concerns, Digitaltribe may temporarily disable Freelancer’s ability to withdraw revenue to prevent fraudulent or illicit activity. This may come as a result of security issues, improper behavior reported by Employers, or associating multiple Digitaltribe accounts to a single withdrawal provider.
- Freelancers are responsible for paying any direct or indirect taxes, including any GST, VAT, IVA 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. The price shown on the service order page is inclusive of all such taxes.
- Appointment as Limited Payment Collection Agent: Freelancer hereby appoints Digitaltribe as Freelancer’s limited authorized payment collection agent solely for the purpose of accepting payments (via Credit Card, PayPal or Stripe) from Employer, and remitting those payments to Freelancer.
Freelancer agrees that payment from Employer to Digitaltribe shall be considered the same as payment made directly to the Freelancer. Employer’s payment obligation to Freelancer will be satisfied upon receipt of payment by Digitaltribe (or its Payment Services Provider, as applicable), and Digitaltribe (via its Payment Services Provider, as applicable) is responsible for remitting the funds to the Freelancer in the manner described in these Terms of Service. In the event that Digitaltribe (via Payment Services Provider) does not remit any such amounts to the Freelancer, the Freelancer will have recourse only against Digitaltribe and not the Employer directly. Freelancer agrees that Digitaltribe 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 Employers that Digitaltribe may deem necessary or prudent.
- Digitaltribe partners with Payment Services Providers for purposes of collecting payments from Employer’s, transferring such payments from Employers to Freelancers, and holding funds in connection with Digitaltribe Balances. All payments services in connection with the withdrawal of funds on the Digitaltribe platform are performed by Digitaltribe’s Payment Services Providers.
- Freelancers 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.
- To withdraw your revenue, you must have an account with at least one of Digitaltirbe’s Payment Service Providers. All funds eligible for Withdrawal will be held on your behalf at an account with Digitaltribe’s Payment Services Provider. All payment services, including withdrawal services will be provided by Digitaltribe’s Payment Services Provider.
- Your Digitaltribe profile can be associated with only one account from each of Digitaltribe’s withdrawal methods. A Payment Service Provider withdrawal account can be associated with only one Digitaltribe 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.
- 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, Freelancers may withdraw Revenues in several different currencies. All currency exchange services in connection with such withdrawals are performed by Digitaltribe’s Payment Services Providers. Your Digitaltribe Balance is always derived from its EURO value and, therefore, the local currency amount of your Digitaltribe Balance may change daily in accordance with exchange rates fluctuations and also includes conversion fees. Freelancers always have the option to withdraw Revenues in EURO.
- You may not offer direct payments to Freelancers using payment systems outside of the Digitaltribe platform.
- Digitaltribe retains the right to use all publicly published delivered works for Digitaltribe marketing and promotional purposes.
- Employers request a specific service by posting a job offer. Services requested on Digitaltribe must be an allowed service on Digitaltribe. Users should refrain from using the “Post a job” feature for any purpose other than looking for services on Digitaltribe.
- Employers pay Digitaltribe to create an order from the Freelancer’s service page or Custom Offer, using the Buy Now button. Digitaltribe partners with Payment Services Providers for purposes of collecting all payments from Employers, transferring such payments from Employers to Freelancers, and holding funds in connection with Digitaltribe Balances. All payments services in connection with the collection of funds on the Digitaltribe platform are performed by Digitaltribe’s Payment Services Providers.
- Digitaltribe serves as Freelancer’s limited authorized payment collection agent solely for the purpose of accepting payments (via its Payment Services Provider, if applicable) from Employer, and remitting those payments to the Freelancer. Employer’s payment obligation to Seller will be satisfied upon receipt of payment by Digitaltribe (or its Payment Services Provider, as applicable), and Digitaltribe (via its Payment Service Provider, as applicable) is responsible for remitting the funds to the Freelancer in the manner described in these Terms of Service. In the event that Digitaltribe (via Payment Services Provider) does not remit any such amounts to Freelancer, the Freelancer will have recourse only against Digitaltribe and not the Employer directly.
- In addition, Employers can post a job offer which addresses specific requirements, and receive a Custom Offer from Freelancers through the site.
- In most locations, purchases on Digitaltribe can be made by using one of the following payment methods: Credit Card, PayPal, Stripe. 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 $40.
- You may not offer Freelancers to pay, or make payment using any method other than through the Digitaltribe.io site. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support – email@example.com.
- By using any payment method and/or providing payment details for making purchases on Digitaltribe, you represent and warrant that: (a) you are legally authorized to provide such information; (b) you are legally authorized or have permission to make payments using the payment method(s); (c) if you are an employee or agent of a company or person that owns the payment method, you are authorized by that company or person to use the payment method to make payments on Digitaltribe; and (d) such actions do not violate any applicable law.
- Buyers may pay on Digitaltribe in several different currencies. Unless stated otherwise, you will be charged in the currency displayed on the payment page. All currency exchange services in connection with payments and withdrawals in local currencies are performed by Digitaltribe’s Payment Services Providers. In certain cases, however, when certain currencies are not supported by certain payment methods, you will be charged in US$ even if the price is displayed in another currency. In any event, the actual charged amount (in the actual payment currency) will be clearly disclosed to you before you complete the payment.
- Buyers should note that all prices on Digitaltribe are derived always from their original US$ price and, therefore, non-US$ currency prices may change daily in accordance with exchange rates fluctuations and may also include conversion fees. Buyers always have the option to pay in US$ by changing their selected displayed currency.
- If you paid for an Order in a currency other than US$ and your Order was later cancelled for any reason, the amount returned to your Digitaltribe Balance would be based on the exchange rate as of the date of cancellation. Therefore, the returned amount may vary from the paid amount in local currency terms, while always maintaining the same US$ value.
- Your Digitaltribe Balance is always valued in US$, even if it is displayed in a non-US$ currency. Therefore, should you choose to view your Digitaltribe Balance in any currency other than US$, it may change daily in accordance with exchange rates fluctuations, while always maintaining the same US$ value. Users always have the option to view their Digitaltribe Balance in US$ by changing their selected displayed currency.
- Employers 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 Employer before payment.
- Employers 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.
- Once payment is confirmed, your order will be created and given a unique order number.
- Freelancers must deliver completed files and/or proof of work according to the service that was purchased and advertised.
An Order is marked as Complete after it is marked as Delivered and then accepted by the Employer.
- We encourage our Employers and Freelancers to try and settle conflicts amongst themselves. If for any reason this fails or if you encounter non-permitted usage on the Site, users can contact Digitaltribe's Customer Support department for assistance – firstname.lastname@example.org.
- When Employer orders a service, the Freelancer is notified by email as well as notifications on the site while logged into the account.
- Freelancers are required to meet the delivery time they specified when creating their services or the delivery time requested in the job offer posted by the Employer. Failing to do so will allow the Employer to cancel the Order when an Order is marked as late and may harm the Freelancer's status.
- Freelancers must send completed files and/or proof of work to mark the Order as Delivered.
- Users are responsible for scanning all transferred files for viruses and malware. Digitaltribe will not be held responsible for any damages which might occur due to site usage, use of content or files transferred.
- Feedback reviews provided by Employers while completing an Order are an essential part of Digitaltribe's rating system. Reviews demonstrate the Employer's overall experience with the Freelancers and their service. Employers are encouraged to communicate to the Freelancer any concerns experienced during their active order in regards to the service provided by the Freelancer.
- 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 Digitaltribe platform from users within our Community. Purchases arranged, determined to artificially enhance Freelancer ratings, or to abuse the Digitaltribe platform with purchases from additional accounts, will result in a permanent suspension of all related accounts.
- Feedback comments given by Employers are publicly displayed on the Freelancer’s service page.
Disputes and Cancellations
We encourage our Employers and Freelancers to try and settle conflicts amongst themselves. If for any reason this fails or if you encounter non-permitted usage on the Site, users can contact Digitaltribe's Customer Support department for assistance – email@example.com.
- Order cancellations can be performed on Digitaltribe.
- 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.
- Digitaltribe, 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 Employer 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 Employer’s Digitaltribe Balance.
- Revisions to deliveries can be performed by Freelancers based on the Freelancer’s service.
- Requests for revisions can be performed through the Order Page while the order is marked as Delivered.
- Digitaltribe encourages Employers and Freelancers to resolve service disputes mutually.
- Eligibility for requests to Digitaltribe 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 Digitaltribe delivery system.
- 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).
- Orders are not eligible to be cancelled based on the quality of service/materials delivered by the Freelancer if the service was rendered as described in the Service Page. Employers may rate their experience with the Freelancer, including the overall level of service quality received.
- Employers may contact firstname.lastname@example.org to address their concerns and desired resolution related to the service provided by their Freelancer.
- Digitaltribe will not take any action against Orders where the Employers failed to inform the Freelancer of issues related to the Freelancer’s service and will allow Freelancers to provide a resolution first. This does not include non-permitted usage of Digitaltribe.
- Any non-permitted usage of Digitaltribe encountered during an Order, after being reviewed by our team, may result in the order being cancelled. This includes, but not limited to; harassment, unlawful behavior, or other violations of Digitaltribe’s Terms of Service.
- Digitaltribe will cancel orders based on, but not limited to, the following reasons:
- Active Orders(after the Employer submits their requirements and before the Freelancer delivers on Digitaltribe)
- 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 Employer requirements or the Freelancer’s delivery.
- The user is no longer an active Digitaltribe user due to Terms of Service violations or closure of their account.
- Delivered Orders(after the Freelancer delivers the order before the order is marked as complete)
- The Freelancer delivers no files and/or proof of work related to the agreed upon order requirements.
- The Freelancer requests additional payments, on or off the Digitaltribe platform, by withholding the final delivery of services directly related to the agreed requirements.
- The Freelancer is withholding the final delivery of services for improved ratings.
- Employers who abuse the revisions services from Freelancers beyond the agreed requirements.
- Employers who threaten to leave a damaging review to gain more services from the Freelancer not related to the agreed requirements.
- Active Orders(after the Employer submits their requirements and before the Freelancer delivers on Digitaltribe)
- 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.
- Employers 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 Service Page and cannot be retroactively included once the order is completed for over 14 days.
- Digitaltribe does not automatically refund payments made for cancelled orders back to your payment provider. Funds from order cancellations are returned to the Employer’s Digitaltribe Balance and are available for future purchases on Digitaltribe. Digitaltribe returns service fees to your Balance once an order is cancelled.
User Conduct and Protection
Digitaltribe enables people around the world to create, share, sell and purchase nearly any service they need at an unbeatable value.
Digitaltribe maintains a friendly, community spirited, and professional environment. Users should keep to that spirit while participating in any activity or extensions of Digitaltribe. This section relates to the expected conduct users should adhere to while interacting with each other on Digitaltribe.
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 on email@example.com.
- 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 Digitaltribe in order to circumvent or abuse the Digitaltribe messaging system or Digitaltribe platform is not permitted.
- Any necessary exchange of personal information required to continue a service may be exchanged within the Order Page.
- Digitaltribe does not provide any guarantee of the level of service offered to Employers.
- Digitaltribe does not provide protection for users who interact outside of the Digitaltribe platform.
- All information and file exchanges must be performed exclusively on Digitaltribe 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.
- Digitaltribe 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 Digitaltribe to contract, engage with, or pay outside of Digitaltribe.
- Users with the intention to defame competing Freelancers by ordering from competing services will have their reviews removed or further account status related actions determined by review by our team.
- Users are to refrain from spamming or soliciting previous Employers or Freelancers to pursue removing/modifying reviews or cancelling orders that do not align on Order Cancellation or Feedback policies.
- Digitaltribe reviews cases of payment provider chargebacks and disputes on behalf of Freelancers. Although results vary per case due to each chargeback reason, we work hard on resolving disputes in the Freelancer’s favor. If the chargeback case allows, Digitaltribe (or one of Digitaltribe’s Payment Services Providers) will return parts or full revenue back to Freelancers, otherwise the chargeback amount will be borne by the Freelancer.
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 Freelancer statuses or becoming permanently disabled based on the severity of the violation.
Adult Services & Pornography - Digitaltribe does not allow any exchange of adult oriented or pornographic materials and services.
Inappropriate Behavior & Language - Communication on Digitatribe should be friendly, constructive, and professional. Digitaltribe 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 services 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. Freelancers further confirm that whatever information they receive from the Employer, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the Employer. Any users who engage and communicate off of Digitaltribe will not be protected by our Terms of Service.
Authentic Digitaltribe Profile - You may not create a false identity on Digitaltribe, misrepresent your identity, create a Digitaltribe 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. Digitaltribe 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 - Digitaltribe will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s terms of service.
Fraud / Unlawful Use - You may not use Digitaltribe 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 Digitaltribe community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations of Digitaltribe’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 Digitaltribe. This includes creating new multiple accounts to harass members through our message or ordering system.
Selling Accounts - You may not buy or sell Digitaltribe accounts.
The Site, including its general layout, design and content, is exclusively owned by Digitaltribe and protected by copyright and trademark 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.
To the extent that you provide Digitaltribe with any comments, suggestions or other feedback regarding the Digitaltribe platform or the Site as a whole, as well as other Digitaltribe products or services (collective, the “Feedback”), you will be deemed to have granted Digitaltribe an exclusive, royalty-free, fully paid up, perpetual, irrevocable, worldwide ownership rights in the Feedback. Digitaltribe is under no obligation to implement any Feedback it may receive from users.
- Digitaltribe 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 Digitaltribe'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 Digitaltribe.
- 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.
- Freelancers 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 Digitaltribe's approval.
- Disputes should be handled between Employer and the Freelancer or by contacting Digitaltribe Customer Support – firstname.lastname@example.org.
- Digitaltribe may make changes to its Terms of Service from time to time. When these changes are made, Digitaltribe will make a new copy of the terms of service available on this page.
- You understand and agree that if you use Digitaltribe after the date on which the Terms of Service have changed, Digitaltribe 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 Digitaltribe by our users (Employers and Freelancers) is User Generated Content. Digitaltribe 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, Digitaltribe is not responsible for the content, quality or the level of service provided by the Freelancers (even if they are Top Rated Freelancers or otherwise). We provide no warranty with respect to the services, their delivery, any communications between Employers and Freelancers.
We encourage users to take advantage of our rating system, our community and common sense in choosing appropriate services.
By offering a service, the Feelancer undertakes that he/she has sufficient permissions, rights and/or licenses to provide, sell or resell the service that is offered on Digitaltribe. Sellers advertising online their service 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 service, as applicable, and may lead to the suspension of Freelancer's account.
Ownership and limitations: When purchasing a service on Digitaltribe, unless clearly stated otherwise on the Seller's service page/description, when the work is delivered, and subject to payment, the Employer is granted all intellectual property rights, including but not limited to, copyrights for the work delivered from the Freelancer, and the Freelancer waives any and all moral rights therein. The delivered work shall be considered work-for-hire under the European Copyright. In the event the delivered work does not meet the requirements of work-for-hire or when European Copyright does not apply, the Freelancer expressly agrees to assign to Employer the copyright in the delivered work. All transfer and assignment of intellectual property to Employer shall be subject to full payment for the service 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 Employer, and Freelancer assigns all rights, title and interest in the delivered work. Some services (including for custom created work) charge additional payments (through service extras) for a Commercial Use License. This means that if you purchase the service 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.
Freelancers further confirm that whatever information they receive from the Employer, which is not public domain, shall be kept confidential and shall not be shared or used for any purpose whatsoever other than for the delivery of the ordered work to the Employer.
Furthermore, users agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to Digitaltribe, including texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by Digitaltribe for no consideration for marketing and/or other purposes.
platforms, and strictly excludes any illegal, immoral or defamatory purpose.
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 DIGITALTRIBE NOR ANY PERSON ASSOCIATED WITH DIGITALTRIBE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
THIS SERVICE MAY CONTAIN TRANSLATIONS POWERED BY GOOGLE. GOOGLE DISCLAIMS ALL WARRANTIES RELATED TO THE TRANSLATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, RELIABILITY, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
The Site has been translated for your convenience using translation software powered by Google Translate. Reasonable efforts have been made to provide an accurate translation, however, no automated translation is perfect nor is it intended to replace human translators. Translations are provided as a service to users of the website, and are provided "as is". No warranty of any kind, either expressed or implied, is made as to the accuracy, reliability, or correctness of any translations made from English into any other language. Some content (such as images, videos, Flash, etc.) may not be accurately translated due to the limitations of the translation software.
The official text is the English version of the website. Any discrepancies or differences created in the translation are not binding and have no legal effect for compliance or enforcement purposes. If any questions arise related to the accuracy of the information contained in the translated website, please refer to the English version of the website which is the official version.
Limitation on Liability
IN NO EVENT WILL DIGITALTRIBE, 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, DIGITALTRIBE 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 Digitaltribe, where control means having more than fifty percent (50%) voting stock or other ownership interest or the majority of voting rights of such entity.