Terms and Conditions

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1. ACCEPTANCE OF TERMS

Subject to the following FreelanceBrains Terms and Conditions (the “Terms”), Freelance Brains Ltd (“FreelanceBrains”) provides this website, services, products and content (collectively, the “Site”) to you. Your access or use of the Site constitutes your agreement to all such terms, conditions, policies, rules, procedures and notices (collectively, the “Agreement”). If you do not agree, you may not access or use the Site. These Terms, and the Site, may be updated from time to time without notice to you.

2. DESCRIPTION OF SERVICE FOR BUYERS

FreelanceBrains provides you with access to download and/or purchase a collection of resources, products, content and services, provided by FreelanceBrains or by third party Vendor(s) (also referred to as Freelancer, Seller or Contractor), through this website (the “Service”). For resources, products, content and services provided by FreelanceBrains, unless explicitly stated otherwise, any updates, new features or new products shall be subject to the Terms. You understand and agree that the Service is provided “AS-IS” and that FreelanceBrains assumes no responsibility for the timeliness, deletion, mis-delivery of its products or failure to store any user communications, subscription or user setting. FreelanceBrains takes no responsibility for products, content and services provided by Vendor(s) other than to provide access to download and/or purchase these. You agree that FreelanceBrains shall not be responsible or liable for any loss or damage of any sort incurred as the result of products and/or content provided by Vendor(s). Products and/or content provided by Vendor(s) is offered to you with a Grant of Rights to use the product or content, not to redistribute, resell or share products and/or content, with others.  Refunds for products and/or content provided by vendor(s) and purchased by you is at the discretion of the vendor, FreelanceBrains shall not be responsible or liable for any refunds on products or content provided by vendor(s), or the pursuit of refunds of from vendor(s) on your behalf. Refunds are offered on FreelanceBrains memberships, see memberships section below.

3. DESCRIPTION OF SERVICE FOR SELLERS

FreelanceBrains provides you with access to upload and/or sell a collection of products, content and services, provided by you, the Vendor, (also referred to as Freelancer, Seller or Contractor), through this website (the “Service”). 1. By agreeing these Terms, you also agree that you own the copyright and/or have the right to upload, offer and/or sell the products, content and services, provided by you and uploaded to this Site. 2. By agreeing these Terms you the products and content provided by you is offered with a Grant of Rights to the purchaser, to use the product or content, but not to redistribute, resell or share products and/or content, with others. Unless explicitly stated otherwise, any updates, new features or new products provided by the Service, shall be subject to the Terms. You understand and agree that the Service is provided “AS-IS” and that FreelanceBrains assumes no responsibility for the timeliness, deletion, mis-delivery of its products or failure to store any user communications, subscription or user setting.

4. MODIFICATIONS TO SERVICE

FreelanceBrains reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that FreelanceBrains shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

FreelanceBrains may change, add or remove any part of this Agreement, or any other terms associated with the use of the site, at any time. Any changes shall become part of the Agreement and shall apply as soon as such a notice is posted. By continuing to use FreelanceBrains properties after the notice is posted, you are indicating your acceptance of those changes.

5. MEMBERSHIPS

All FreelanceBrains memberships are sold with the option of an automatically recurring subscription, if automatic renewal is selected by you, the membership will renew each year on the anniversary of the purchase date. Refunds for memberships can only be granted if requested within the first 30 days of the original purchase and the purchased membership has not been used.

6. SPONSORS, THIRD PARTIES AND ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, sponsors, third parties or advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such sponsor, third party or advertiser. You agree that FreelanceBrains shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such sponsors, third parties or advertisers on the Service.

7. LINKS

FreelanceBrains may provide, or third parties may provide, links to other web sites or resources. Because FreelanceBrains has no control over such sites and resources, you acknowledge and agree that FreelanceBrains is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, accuracy, quality, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that FreelanceBrains shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

8. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FREELANCEBRAINS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

b. FREELANCEBRAINS MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, (vi) OR THAT THIS WEB SITE, ITS CONTENT, PRODUCTS AND THE SERVERS ON WHICH THE WEB SITE, PRODUCTS AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FREELANCEBRAINS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

e. THIS WEB SITE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, OR OTHER INFORMATION CREATED BY FREELANCEBRAINS OR BY THIRD-PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT IN THIS SITE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE.

f. INFORMATION, PRODUCTS AND/OR CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON THE SITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY FREELANCEBRAINS AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES.

9. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WITH REGARD TO THE CONTENT, PRODUCTS AND SERVICES AVAILABLE THROUGH THIS SITE, IN NO EVENT SHALL FREELANCEBRAINS OR ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, AFFILIATES, DISTRIBUTORS OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FREELANCEBRAINS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).  THIS PARAGRAPH SHALL ALSO APPLY TO (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, PRODUCTS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

10. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 6 AND 7 MAY NOT APPLY TO YOU.

11. INTELLECTUAL PROPERTY INFORMATION

All materials on this site (”Online Materials”), including, without limitation, names, logos, trademarks, service marks, images, articles, columns, graphics, photographs, illustrations, artwork, blog posts, audio clips, themes, video clips, software, and other elements making up the Service are protected by copyrights, trademarks and other intellectual property rights owned and controlled by FreelanceBrains or by other 3rd parties or by vendor(s). Except as specifically provided herein or within the Grant of Rights, no Online Materials may be copied, republished, reposted, transmitted, distributed, or resold in any way, or otherwise used for any purpose, without the prior written permission of FreelanceBrains or the respective owners. Unless otherwise specifically allowed by these Terms, you may not add, delete, distort, or otherwise modify the content or the products provided by this site. Any unauthorized attempt to modify any Online Material, to defeat security features, or to utilize this site for other than its intended purposes is strictly prohibited.

FreelanceBrains and its respective logos, product names and service names are trademarks of Freelance Brains Ltd. All other trademarks appearing on the Site are trademarks of their respective owners and our reference to them does not imply or indicate any approval or endorsement by their owners unless such approval or endorsement is expressly made.

12. MISCELLANEOUS

a.  NON-WAIVER:  The failure of FreelanceBrains to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

b.  INDEMNIFICATION: You agree to indemnify, defend and hold FreelanceBrains harmless from any claims and expenses, including reasonable attorneys’ fees, arising from or related to any breach by you of any terms of this Agreement.

c.  PRIVACY:  You can read FreelanceBrains’s privacy statement here.

d.  RESTRICTIONS ON USE: You may not use FreelanceBrains site, content, products or services for any illegal purpose or in any manner inconsistent with these Terms. You agree to use your FreelanceBrains membership solely for your own use and purposes and not for resale or other transfer or disposition to any other person or entity.

e.  SEVERABILITY: If any provision of this Agreement is found invalid or unenforceable, the provision will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in force.

f.  CHOICE OF LAW AND FORUM:  This Agreement will be governed by the laws of the United Kingdom (UK). Any dispute arising from the terms of this agreement or breach of this agreement will be governed by the laws of the UK and you agree to personal jurisdiction by the UK. The parties hereby expressly waive trial by jury in any action, proceeding or counterclaim brought by either of the parties against the other on any matters whatsoever arising out of or in any way connected with these Terms and agree to submit to binding arbitration.

g.  REFUSAL OR DISCONTINUANCE OF SERVICE: FreelanceBrains reserves the right to refuse, terminate, or restrict service to any user for any reason or no reason at all.

h. HEADINGS FOR CONVENIENCE ONLY:  The section titles in the Terms are for convenience only and have no legal or contractual effect.

i.  REFER TO SUPPORT:  Support is available by clicking here.

j. WEBSITE CONTENT: All content found on any site owned and operated by FreelanceBrains including images, documentation, support queries and any other information is property of FreelanceBrains and may not be redistributed without permission or consent.

k. PRICE CHANGES: FreelanceBrains reserves the right to modify, change, cancel or upgrade membership prices without prior notice or consent. Prices of all products and content are subject to change without prior notice or consent.

l. EMAIL: FreelanceBrains may occasionally send you emails related to the purchase of product(s) and content. We may also send you occasional email newsletters relating to any FreelanceBrains Service updates, promotions and the like. We will never sell your email to any third party and will only release it to Vendor(s) whose products and content you query or purchase as part of the Service.

m.  ENTIRE AGREEMENT:  This Agreement and any other terms and conditions of service on any FreelanceBrains property constitute the entire agreement between you and FreelanceBrains and govern your use of the Service.

Contact:

E-mail: admin@freelancebrains.com