1. INFORMATION COLLECTION
Users of the Service may be Clients (anyone utilizing the "Talents List" platform to request services to be performed by a Freelancer) or Freelancers (any company, individual user, or groups of associated individual users or companies utilizing the "Talents List" platform to offer services to Clients).
Information You Provide to Us
- Personal Information: In the course of using the Service (whether as a Client or Freelancer), we may require or otherwise collect information that identifies you as a specific individual and can be used to contact or identify you (“Personal Information”). Examples of Personal Information include your name, email address, postal address and phone number.
- Payment Information: If you use the Service to make or receive payments, we will also collect certain payment information, such as PayPal account information.
- Identity Verification: We may collect Personal Information, such as your date of birth, or taxpayer identification number, to validate your identity or as may be required by law, such as to complete tax filings. We may request documents to verify this information, such as a copy of your government-issued identification or photo or a billing statement.
- General Audience Service: The Service is general audience and intended for users 18 and older. We do not knowingly collect Personal Information from anyone younger than age 18. If we become aware that a child younger than 18 has provided us with Personal Information, we will use commercially reasonable efforts to delete such information from our files. If you are the parent or legal guardian of a child younger than age 18 and believe that "Talents List" has collected Personal Information from your child, please contact us at:[email protected]
- Non-Identifying Information/Usernames: We also may collect other information, such as zip codes, demographic data, information regarding your use of the Service, and general project-related data (“Non-Identifying Information”). We may aggregate information collected from "Talents List" registered and non-registered users (“"Talents List" Users”). We consider usernames to be Non-Identifying Information. Usernames are made public through the Service and are viewable by other "Talents List" Users.
- Combination of Personal and Non-Identifying Information: Certain Non-Identifying Information would be considered a part of your Personal Information if it were combined with other identifiers in a way that enables you to be identified (for example, combining information with your name). But the same pieces of information are considered Non-Identifying Information when they are taken alone or combined only with other non-identifying information (for example, your viewing preferences). We may combine your Personal Information with Non-Identifying Information, but "Talents List" will treat the combined information as Personal Information.
Information Collected from Users Automatically
We and our third party service providers, including analytics and third party content providers, may automatically collect certain information from you whenever you access or interact with the Service. This information may include, among other information, the browser and operating system you are using, the URL or advertisement that referred you to the Service, the search terms you entered into a search engine that led you to the Service, areas within the Service that you visited, and other information commonly shared when browsers communicate with websites. We may combine this automatically collected log information with other information we collect about you. We do this to improve services we offer you, to improve marketing, analytics, and site functionality.
The information we collect also includes the Internet Protocol (“IP”) address or other unique device identifier (“Device Identifier”) for any device (computer, mobile phone, tablet, etc.) used to access the Service. A Device Identifier is a number that is automatically assigned or connected to the device you use to access the Service, and our servers identify your device by its Device Identifier. Some mobile service providers may also provide us or our third party service providers with information regarding the physical location of the device used to access the Service.
HOW WE RESPOND TO DO NOT TRACK SIGNALS
Please note that your browser setting may allow you to automatically transmit a “Do Not Track” signal to websites and online service you visit. There is no consensus among industry participants as to what “Do Not Track” means in this context. Like many websites and online services, "Talents List" does not alter its practices when it receives a “Do Not Track” signal from a visitor’s browser. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.
User Profiles You may have the opportunity to create a profile, which consists of information about you, and may include Personal Information, photographs, examples of your work, information on work previously performed via the Service and outside the Service, feedback/rating information and other information, including your username (“Profile”). The information in your Profile may be visible to all "Talents List" Users and the general public. You may edit certain information in your Profile via your account. Clients and individual users or companies may also have the opportunity to create an organization Profile. If in any case, you believe that an unauthorized profile has been created about you, you can request for it to be removed by contacting us at https://www.talentslist.com/support
We collect feedback from "Talents List" Users about their experience with other "Talents List" Users of our Service. Please note that any feedback you provide via the Service or feedback provided about you is publicly viewable via the Service. On very rare occasions, we may remove feedback pursuant to our Feedback Removal Policy.
Social Networking Services
You may register to join the Service directly via the Service or by logging into your account with a third party social networking service (“SNS”) via our Service (e.g., Facebook, LinkedIn and other third party services that let you sign in using your existing credentials with those services). If you choose to register via an SNS, or to later link your account with the Service to your account with an SNS, we will use the Personal Information you have provided to the SNS (such as your name, email address, gender and other information you make publicly available via the SNS) to create your account. Note that the information we collect from and through an SNS may depend on the privacy settings you have set with the SNS and the permissions you grant to us in connection with linking your account with the Service to your account with an SNS. Other than what we may share with the SNS as described below, the Personal Information an SNS has about you is obtained by the SNS independent of our Service, and "Talents List" is not responsible for it.
The "Talents List" Service also may permit additional interactions between it and a third party website, service, or other content provider, such as enabling you to “like” or share content to a third party SNS. If you choose to “like” or share content, or to otherwise share information from or via our Service with a third party site or service, that information may be publicly displayed, and the third party may have access to information about you and your use of our Service (and we may have access to information about you from that third party). These features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the feature to function properly. Your interactions with third parties through SNS or similar features are governed by the respective privacy policies of those third parties.
You represent that you are entitled to use your SNS account for the purposes described herein without breach by you of any of the terms and conditions that govern the SNS, and without obligating "Talents List" to pay any fees or making "Talents List" subject to any usage limitations imposed by such SNS. Please note that your relationship with any SNS is governed solely by your agreement(s) with such SNS. If your SNS account terminates, then functions enabled through the link between your "Talents List" account and your SNS account will terminate as well.
2. YOUR CHOICES AND OPTING OUT
Registered "Talents List" Users may update their choices regarding the types of communications you receive from us through your online account. You also may opt-out of receiving marketing emails from us by following the opt-out instructions provided in those emails. Please note that we reserve the right to send you certain communications relating to your account or use of the Service (for example, administrative and service announcements) via email and other means and these transactional account messages may be unaffected if you opt-out from receiving marketing communications. You may opt-out of receiving text messages by replying “STOP” to any text message received. Registered "Talents List"
3. CHANGING YOUR INFORMATION OR CLOSING YOUR ACCOUNT
You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information, and you must update any changes through your online account. If you request to access all personal information you’ve submitted, we will respond to your request to access within 30 days. If you completely delete all such information, then your account may become deactivated. If your account is deactivated or you ask to close your account, you will no longer be able to use the Service. If you would like us to delete your account in our system, you can do so through the "Talents List" Service (once you logged in, visit settings/ user settings, and then click on the close my account link). We will use commercially reasonable efforts to honor your request; however, certain information will actively persist on the Service even if you close your account, including information in your Work Diaries and messages you posted to the Service. In addition, your Personal Information may remain in our archives and information you update or delete, or information within a closed account, may persist internally or for our administrative purposes. It is not always possible to completely remove or delete information from our databases. In addition, we typically will not remove information you posted publicly through or on the Service. Bear in mind that neither you nor "Talents List" can delete all copies of information that has been previously shared with others on the Service.
"Talents List" takes commercially reasonable steps to help protect and secure the information it collects and stores about "Talents List" Users. All access to the Sites is encrypted using industry-standard transport layer security technology (TLS). When you enter sensitive information (such as tax identification number), we encrypt the transmission of that information using secure socket layer technology (SSL). We also use HTTP strict transport security to add an additional layer of protection for our "Talents List" Users. But remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. Thus, while we strive to protect your personal data, "Talents List" cannot ensure and does not warrant the security of any information you transmit to us.
5. LINKS TO OTHER SITES
Our Service contains links to other websites. If you choose to click on a third party link, you will be directed to that third party’s website. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit Personal Information from you. We encourage you to read the privacy policies or statements of the other websites you visit.
Freelancer Membership Agreement
Effective Date: July 01, 2016
This Freelancer Membership Agreement (“Agreement”) is part of and incorporates by reference User Agreement and other Terms of Service. Your continued use of the Site after the last modified date will signify your acceptance of this Agreement. We may modify the provisions in this Agreement without notifying you, so please check back often for updates. Capitalized terms not defined in this Agreement are defined in the User Agreement, elsewhere in the Terms of Service, or have the meanings given such terms on the Site.
FREELANCER MEMBERSHIP PROGRAMS
"Talents List" offers a free membership for Freelancers. For purposes of this Agreement, “Member” or “you” means a Freelancer participating in a membership program.
"Talents List" reserves the right to change membership fees, change the monthly number of Connects included in the membership programs, change the price for additional Connects or institute new fees at any time, upon reasonable notice posted in advance on this Site.
1. DISCLAIMER OF LIABILITY FOR "TALENTS LIST"
Client acknowledges and agrees that Client and Freelancer are solely responsible for Freelancer Services and for all work performed and Work Product. "Talents List" provides no express warranty of, will have no implied warranty of, and will have no responsibility for, the Staffing Provider’s services, Freelancer Services and/or Work Product. "Talents List" expressly disclaims all express and implied warranties for Freelancer Services and/or Work Product, including, without limitation, warranties of non-infringement, merchantability, and fitness for a particular purpose. As between "Talents List" and Client, Freelancer Services, Work Product, and deliverables are provided AS IS.
2. WORK ENVIRONMENT
Client acknowledges and agrees that neither "Talents List" nor the Staffing Provider will control the work environment in which a freelancer will perform services for Client. Client will be solely responsible for ensuring that the work environment is safe and free from harassment and discrimination as required by applicable law.
Client will be solely responsible for protecting its property, including by implementing and enforcing any agreements, policies or procedures to protect Client’s intellectual property and confidential information.
3. GENERAL PROVISIONS
If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by applicable law.
3.2 NO ASSIGNMENT
This Agreement, and the parties’ rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by a party without the other party’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
Bonus, and Expense Payment Agreement with Escrow Instructions
Effective Date: July 01, 2016
If a Client makes a bonus or expense payment to Freelancer, this Bonus, and Expense Payment Agreement with Escrow Instructions (“Agreement”) applies.
To the extent permitted by applicable law, we may modify this Agreement, and the Escrow Instructions it contains, without prior notice to you, and any revisions to the Agreement will take effect when posted on the Site unless otherwise stated. Please check the Site often for updates.
This Agreement hereby incorporates by reference the Terms of Service. Capitalized terms not defined in this Agreement are defined in the User Agreement, elsewhere in the Terms of Service, or have the meanings given such terms on the Site. The Escrow Instructions in this Agreement do not apply to Contract Escrow Accounts, though they do govern the making and receiving of bonus, expense and other miscellaneous payments for Contracts.
1. DIGITAL SIGNATURE
By clicking to make a bonus payment, Client and Freelancer are deemed to have executed this Agreement electronically, effective on the date Freelancer clicks to accept the Engagement. Doing so constitutes an acknowledgement that you are able to electronically receive, download, and print this Agreement and the Escrow Instructions it contains.
2. MAKING OR RECEIVING A BONUS OR EXPENSE PAYMENT
Client may also pay Freelancer a bonus, tip, expense, or other miscellaneous payment, at Client’s discretion, using the Site. To pay a bonus to a Freelancer, Client must follow the instructions and links on the Site and provide the information requested. If Client clicks to pay a bonus to Freelancer, TLE will release escrow funds as described in this Agreement.
3. INSTRUCTIONS TO PAY IRREVOCABLE
Client’s instruction to TLE to pay a Freelancer is irrevocable. Such instruction is Client’s authorization to transfer funds to Freelancer from the Client Escrow Account or authorization to charge Client’s PayPal account. Such instruction is also Client’s representation that Client has received, inspected and accepted the subject work or expense. Client acknowledges and agrees that upon receipt of Client’s instruction to pay Freelancer, TLE will transfer funds to the Freelancer and that "Talents List", TLE, and other Affiliates have no responsibility to and may not be able to recover such funds. Therefore, and in consideration of services described in this Agreement, Client agrees that once TLE has charged Client’s PayPal account, the charge is non-refundable.
4. RELEASE AND DELIVERY OF AMOUNTS IN ESCROW
In addition, TLE is authorized to and will release applicable portions of the Client Escrow Account (each portion, a “Release”) to the Freelancer Escrow Account, upon the occurrence of and in accordance with one or more Release Conditions provided below or as otherwise permitted by applicable law. The amount of the Release will be delivered to the Freelancer Escrow Account, in accordance with Freelancer’s and Client’s instructions, as applicable, these Escrow Instructions, and the other Terms of Service.
5. NO RESPONSIBILITY FOR FREELANCER SERVICES OR CLIENT PAYMENTS
"Talents List" and Affiliates merely provide a platform for Internet payment services. "Talents List" and Affiliates do not have any responsibility or control over the Freelancer Services that Client purchases. Nothing in this Agreement deems or will be interpreted to deem "Talents List" or any Affiliate as Client’s or Freelancer’s agent with respect to any Freelancer Services, or expand or modify any warranty, liability or indemnity stated in the Terms of Service. For example, "Talents List" does not guarantee the performance, functionality, quality, or timeliness of Freelancer Services.
Contract Escrow Instructions
Effective Date: July 01, 2016
If a Client and a Freelancer enter into a Contract, these Contract Escrow Instructions (“Escrow Instructions”) apply. These Escrow Instructions govern Contract Escrow Accounts. If you have a Contract and wish to make or receive a miscellaneous or bonus payment, those activities are governed by the Bonus, and Expense Payment Agreement with Escrow Instructions.
To the extent permitted by applicable law, we may modify these Escrow Instructions without prior notice to you, and any revisions to these Escrow Instructions will take effect when posted on the Site unless otherwise stated. Please check the Site often for updates.
These Escrow Instructions hereby incorporate the Terms of Service (“Terms of Service”). Capitalized terms not defined in these Escrow Instructions are defined in the User Agreement, elsewhere in the Terms of Service, or have the meanings given such terms on the Site.
1. DIGITAL SIGNATURE
By clicking to fund Escrow (a “Funding Approval”) or to accept a Contract, Client and Freelancer are deemed to have executed these Escrow Instructions electronically, effective on the date Freelancer clicks to accept the engagement. Doing so constitutes an acknowledgement that you are able to electronically receive, download, and print these Escrow Instructions. All references to the Escrow in these Escrow Instructions will include the initial Funding Approval and any additional Funding Approval for the Engagement.
2. RELEASE AND DELIVERY OF AMOUNTS IN ESCROW
Client and Freelancer irrevocably authorize and instruct TLE to release applicable portions of the Contract Escrow Account (each portion, a “Release”) to their Freelancer Escrow Account or Client Escrow Account, as applicable, via the Site, upon the occurrence of and in accordance with one or more Release Conditions provided below or as otherwise permitted by applicable law. The amount of the Release will be delivered to the applicable Escrow Account in accordance with Freelancer’s or Client’s instructions, as applicable, these Escrow Instructions, and the other Terms of Service.
2.1 RELEASE CONDITIONS
As used in these Escrow Instructions, “Release Condition” means any of the following:
- Client clicks to release funds to Freelancer.
- Freelancer cancels the contract before a milestone payment has been released.
- Client and Freelancer have submitted joint written instructions for a Release.
- Client and Freelancer agree to close the contract.
- Client or Freelancer has failed timely to respond to an "Talents List" Dispute Assistance notification as required by the Dispute Assistance Policy in Section 5 of these instructions.
- Client or Freelancer otherwise has failed to comply with the Dispute Assistance Policy in Section 5 of these instructions.
- Issuance of the final order of a court of competent jurisdiction from which appeal is not taken.
- We believe, in our sole discretion, that fraud, illicit acts, or a violation of "Talents List’s Terms of Service has been committed or is being committed or attempted, in which case Client and Freelancer irrevocably authorize and instruct TLE to take such actions as we deem appropriate in our sole discretion and in accordance with applicable law, in order to prevent or remedy such acts, including to return the proceeds of such acts to their source of payment.
3. DORMANT ENGAGEMENTS
To be fair to Clients and Freelancers, "Talents List" has a procedure for Contracts that appear Dormant. For purposes of determining Dormant status, “activity” means business term or milestone updates or requests, Contract Escrow Funding, Contract Escrow Release, Contract Escrow Refunds, Funding requests, Release requests, Engagement Cancellation requests, Status Report submittals, or actions under the Contract Dispute Assistance Policy.
If a Contract has a Contract Escrow Account with a balance but has had no activity for 90 consecutive days after the last milestone date contained in the business terms, then the Engagement will be “Dormant.” Dormant Engagements are subject to the following rules:
- "Talents List" will notify Client when the Engagement becomes Dormant (“Dormant Date”).
- If no activity other than Release requests has occurred within 7 days after the Dormant Date, "Talents List" will notify the Freelancer that the Engagement is Dormant.
- If Freelancer and Client take no action for 7 days after the Dormant Date, Freelancer and Client agree that TLE is authorized and irrevocably instructed to immediately release escrow funds to Client.
- If Freelancer submits a Release request and client does not take any action for 14 days from the date of the Release request, Freelancer and Client agree that TLE is authorized and irrevocably instructed to immediately release to Freelancer the amount related to the milestone with Release request.
- All funds released to Freelancer under this Section, Dormant Engagements, will be subject to the applicable Service Fees for Freelancers.
4. REFUNDS AND CANCELLATIONS
Client and Freelancer are encouraged to come to a mutual agreement if refunds or cancellations are necessary. If there are no funds in escrow, Client or Freelancer can cancel the contract at any time by clicking to close the contract. If funds are held in escrow, refunds and cancellations must be initiated by Client or Freelancer by following the steps below.
4.1 CANCELLATION BY FREELANCER
If Freelancer wants to cancel a contract with funds held in escrow, Freelancer must click to end the contract. When Freelancer clicks to end the contract, Freelancer and Client agree that TLE is authorized and irrevocably instructed to immediately release to Client all Escrow funds associated with the contract.
4.2 CANCELLATION BY CLIENT
If Client wants to cancel a contract with funds held in escrow, Client must click to end the contract. Freelancer must either click to approve or dispute the Client’s cancellation within 7 days. If Freelancer approves the cancellation, Freelancer and Client agree that TLE is authorized and irrevocably instructed to immediately release to Client all escrow funds associated with the contract. If you are using the Site on a mobile device and do not have the ability to approve or dispute the cancellation with a click on the mobile website, Freelancer must dispute the Client’s cancellation via support ticket within 7 days. If Freelancer takes no action within 7 days from the date Freelancer was notified of the cancellation, Freelancer and Client agree that TLE is authorized and irrevocably instructed to immediately release to Client all Escrow funds associated with the contract. If Freelancer disputes the cancellation, Freelancer and Client will be offered "Talents List" Dispute Assistance.
All notices to a User required by these Escrow Instructions will be made via email sent by "Talents List" to the User’s registered email address. Users are solely responsible for maintaining a current, active email address registered with "Talents List", for checking their email and for responding to notices sent by "Talents List" to the User’s registered email address.
"Talents List", in its sole discretion, reserves the right to suspend or terminate your Account immediately upon giving notice to you if "Talents List" believes you may be abusing this Dispute Assistance Program or as otherwise permitted by the other Terms of Service. However, any Disputes for any Engagements that existed prior to termination will be subject to the Terms of Service.
Effective Date: July 01, 2016
1. PROHIBITED SITE USE
The uses described in these Terms are prohibited regardless of where on the Site they occur. For example, the activities are prohibited in "Talents List" messages, communications with customer service or disputes, the community forum, and Client or Freelancer feedback.
1.1 ILLEGAL, FRAUDULENT, HARMFUL, OR OFFENSIVE USES
You may not use, or encourage, promote, facilitate, or instructor induce others to use, the Site or Services for any activities that violate any law, statute, ordinance or regulation; for any other illegal, fraudulent, harmful, or offensive purpose; or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, or offensive.
Examples of prohibited uses of the Site or Site Services include:
- Seeking, offering, or endorsing illegal, obscene, or pornographic services or activities, including services (i) that would violate the intellectual property rights, including copyrights, of another person, entity, service, product, or website or (ii) that would involve the creation, review, or editing of pornographic, erotic, obscene, or sexually explicit material;
- Posting content that is offensive, defamatory, profane, vulgar, obscene, threatening, discriminatory, illegal, pornographic, obscene or sexually explicit in nature;
- Seeking, offering, or endorsing any services that would violate Talents List’s Terms of Service or the terms of service of another website or any other contractual obligations;
- Seeking, offering, or endorsing any services that violate the academic policies of any educational institution;
- Posting content that is harassing towards another person or violates the rights of a third party;
- Posting identifying information concerning another person;
- Making or demanding bribes;
- Making or demanding payments without the intention of providing or receiving services in exchange for the payment; and
- Spamming other Users.
1.2 ILLEGAL, FRAUDULENT, HARMFUL, OR OFFENSIVE USES
"Talents List" makes the Site and Services available for Clients to find Freelancers, enter into service relationships, make and receive payments through escrow, and receive and perform Freelancer Services. Users are expected to use the Site and Services for their intended purposes and Users may not use the Site and Services in contravention of their intended purposes. The following are examples of prohibited use of the Site:
- Offering services for the sole purpose of obtaining positive feedback of any kind;
- Requesting, demanding, or receiving free services, including requesting Freelancers to submit work as part of the proposal process for very little or no money.
- Withholding payment or Work Product or engaging in any other conduct for the purpose of obtaining positive feedback from another User;
- Attempting to falsify, manipulate, or coerce another User by threatening to give negative feedback;
- Misusing the feedback feature to express views unrelated to the work, such as political, religious, or social commentary;
- Duplicating or sharing accounts;
- Selling, trading, or giving an account to another person without Talents List's consent;
- Soliciting or processing payment outside of "Talents List" in violation of the Terms of Service;
- Advertising products or services that are outside or beyond the scope of the "Talents List" marketplace;
1.3 USING THE SITE TO POST FALSE OR MISLEADING CONTENT
All profiles, and other content posted to the Site must be truthful and not misleading. Here are examples of uses that are prohibited:
- Misrepresenting a Freelancer’s experience, skills, or information;
- Impersonating any person or entity, including, but not limited to, an "Talents List" representative, forum leader, guide or host, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
- Falsely attributing statements to any "Talents List" representative, forum leader, guide or host;
- Allowing another person to use your account, which is misleading to other Users;
- Falsely stating or implying a relationship with "Talents List" or with another company with whom you do not have a relationship;
- Falsely stating that one Freelancer will perform the work on a job when another will in fact perform the work, including submitting a proposal on behalf of a Freelancer that is unable, unwilling, or unavailable to do the work.
We reserve the right, but do not assume the obligation, to investigate any violation of these Terms. We may investigate violations and may remove, disable access to, or modify any content that violates these Terms.
We may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Our reporting may include disclosing appropriate User information. We also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of these Terms.
3. REPORTING AND CORRECTING VIOLATIONS
If you become aware of any violation of these Terms, you must immediately report it to Customer Service. You agree to assist us with any investigation we undertake and to take any remedial steps we require in order to correct a violation of these Terms.