Thank you for visiting Ghigg.com. If you want to use this website, you must agree to conform to and be legally bound by the terms and conditions described below.
IF YOU DISAGREE WITH ANY OF THE TERMS AND CONDITIONS, DO NOT USE OUR WEBSITE
We do not provide services or sell products to children. If you are below the age of 18, you may use our website only with the permission and active involvement of a parent or legal guardian. If you are a minor, please do not provide us or other website visitors with any personal information.
ANTI-SPAM POLICY IS PART OF THESE TERMS AND CONDITIONS
Our anti-Spam policy is part of, and subject to, these terms and conditions of use. You may view our anti-Spam policy on this website.
COMPENSATION DISCLOSURE POLICY, IF ANY, IS PART OF THESE TERMS AND CONDITIONS
If there is a Compensation Disclosure Policy on this website, the policy is part of, and subject to, these terms and conditions of use.
MODIFICATIONS AND TERMINATIONS
These terms and conditions may change from time to time. If such changes are made, they will be effective immediately. If you disagree with the changes that have been made, you should not use our website.
We may terminate these terms and conditions of use for any reason and at any time without notice to you.
If you are concerned about these terms and conditions of use, you should read them each time before you use our website. Any questions or concerns should be brought to our attention by contacting us and providing us with information relating to your concern.
You understand and agree that your use of our website is limited and non-exclusive as a nontransferable revocable licensee. We may terminate your license to use our website, and access to our website, for any reason, and without giving you notice.
WHEN USING OUR WEBSITE, YOU WILL NOT:
- post content in an inappropriate category;
- use inappropriate or excessive keywords or tags in listings;
- violate any laws, third party rights or our policies;
- use our website if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our website;
- include contact information, including phone, fax, email, website address etc.
- infringe on third party trademarks, patents or intellectual property
- fail to deliver payment for Orders made by you;
- fail to deliver on Orders purchased from you;
- manipulate the price of any listing or interfere with other User's listings;
- circumvent or manpulate our fee structure, billing process, or fees owed to us;
- post false, inaccurate, misleading, defamatory or libelous content;
- take any action that may undermine the feedback or ratings system;
- transfer your Ghigg account, including feedback, and username to another party without our consent;
- distribute or post spam, unsolicited, or bulk electronic communication, chain letters or pyramid schemes;
- distribute viruses, trojans, malicious content or any other technologies that may harm Ghigg, or our Users;
- export or re-export any Ghigg Offers except in compliance with export control laws of relevant jurisdictions;
- copy, modify or distribute rights or content from our websites or our copyrights and trademarks;
- harvest or otherwise collect information from Users, including email addresses without consent;
- use any robot, spider, scraper or other automated means to access the website for any purpose without our express hand written permission;
- take any action that imposes or may impose (in our sole discretion) an unresonable or disproportiontaely large load on our infrastructure;
- copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the website without the prior express written permission of Ghigg and the appropriate third party, as applicable;
- interfere or attempt to interfere with the proper working of our website;
- include large attachments in messages sent to us and other users;
- bypass our robot exclusion headers or other measures we may use to prevent or restrict access to our website;
- dispute any transaction with PayPal, Credit Card company or the payment provider you used for the transaction prior to contacting Ghigg and attempting resolution per our policies.
Without limiting other remedies, we may limit, suspend or terminate our service, user listings, and user accounts, prohibit access to our website, delay or remove hosted content, and take technical and legal steps to keep users off the sites if we think they are creating problems or possible legal liabilities, infringing the intellctual property rights of third parties, or acting inconsistently with the letter or spirit of our policies (such as conducting off-ghigg.com transactions, feedback manipulation, circumventing temporary or permanent suspensions or users who we believe are harassing our users). Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate accounts of users who may be repeat infringers of intellectual property rights of third parties. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue Ghigg offers.
Buyers and Sellers share in the responsibility to ensure transactions are mutually rewarding and hassle-free. Buyers and Sellers must work with each other before opening a claim related to a purchase. Buyers and Sellers must follow the requirements of the Buyer Protection Policy, if one is in place. Similary, Users agree to comply with our resolution process, including allowing us to make a final decision, in our sole discretion, on any claim by Users. Users must have a reimbursement method on file to settle any transactions that require settlement.
By listing an item on Ghigg, you agree to pay related fees, assume full responsibility for the content of the listing and offer, and accept that: your listing will be posted on ghigg.com; can be viewed by any visitor or user; your listing may not be immediately searcable by keyword or category for several hours. Further, you agree that we may archive your listings, suggestions or content at any time, and make the listings non-searchable at our sole discretion, based on such factors as age, inactivity, insufficient views, poor rating etc.
When Users (Buyers, Sellers) give us content, they grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights users have in the content, in any media known now or in the future. On behalf of ourselves and our content suppliers, we claim all property rights, including intellectual property rights, for this content and you are not allowed to infringe upon those rights. We will prosecute to the fullest extent of the law anyone who attempts to steal our property.
You agree not to copy content from our website without our permission. Any requests to use our content should be submitted to us by contacting us.
If you believe that your intellectual property rights have been infringed upon by our website content, please notify us. Please describe in detail the alleged infringement, including the factual and legal basis for your claim of ownership.
- Must signup (no cost), validate email, and be registered to be able to buy or sell services ("Ghiggs") on ghigg.com.
- Must not offer or accept payments and fulillment outside of ghigg.com.
- Sellers must possess sufficient permissions to provide, sell, offer or re-sell services they offer on ghigg.com.
- Sellers automatically provide rights to Buyers to utilize the delivered Order, unless otherwise specified as a part of the Order
- Buyers must pay (hence must have a valid payment source on profile, such as a valid PayPal account) for the Order purchased in advance per the "GHIGG PRICING TABLE". Notification of the Order is emailed to Buyer and Seller. Prior to Seller's acceptance of the purchased Order, Buyers can cancel and receive refund. All monies refunded will appears as credit in the Buyer's profile ("Wallet") that can be used for other Orders (will not be refunded to PayPal or other credit card or other payment method used). Once Seller accepts, the purchased Order cannot be canceled. If Seller does not accept Order within specified time ("ORDER AUTO EXPIRATION PERIOD"), the Order automatically expires and the payment from Buyer is credited back to Buyers' Wallet.
- Buyer and Seller can communicate utilizing the "Contact Seller" and "Contact Buyer". The Order can be managed within the "My Profile". Buyer is encouraged to send required information to Seller promptly after acceptance of the Order.
- Users are encouraged to use caution when downloading attachments for possible presence of virus, trojans or other malicious content. We encourage users to run virus scans on downloaded content prior to open or use.
- Sellers are required to deliver on the Order within the duration they specified in their listing. Sellers are not allowed to edit their listing while Orders are actively in progress. Sellers that fail to deliver on their Order within the allowed duration may be provided with Overtime. Upon expiration of the allowed duration, if the Order has not been delivered, the Buyer is allowed to cancel the Order for a full refund of funds to the Buyer's Wallet. If the Seller delivers on the Order on-time, the Buyer is notified of the delivery.
- Buyers are encouraged to receive the delivered Order, review and be in contact with the Seller for any claficiation. When complete, Buyers are encouraged to provide feedback to the Seller.
- Sellers agree that, unless otherwise stated, delivered work by the Seller grants all intellectual property rights, including but not limited to copyrights to the Buyer and Seller waives rights therein. Such delivered work shall be the property of the Buyer. Sellers also agree that, any information received from the Buyer in the context of a purchase, will be used only for purpospes of fulfilment on the Order and for no other purpose.
- When Buyers provide feedback review, the Orders are marked complete. If the Buyer fails to review a delivered Order within the allowed duration ("ORDER AUTO ACCEPTANCE PERIOD"), the Order will be automatically marked as complete. Once the Order is marked complete, after a specified clearance period ("FUNDS CLEARANCE PERIOD"), the appropriate funds (Buyer's Task Cost - Ghigg's Task Fee) is credited to the Seller (Seller's Task Credit).
- Ghigg reserves the right to cancel an unsettled, uncleared Order. Upon such action, funds are credited back to Buyer's Wallet and any associated Seller credit or Affiliate payment is reversed. If the payment cannot be reversed, Seller (or Affiliate) agrees to reimburse Company for the related funds.
- Users can withdraw from available balance to their payment source (such as PayPal) based on minimum withdrawal limits ("MINIMUM CASH WITHDRAWAL LIMIT"). Users agree to pay a transacton fee ("CASH WITHDRAWAL TRANSACTION FEE") for each cash withdrawal. Once a cash withdrawal request is received, such request cannot be reversed. Users must have a valid payment profile (for example, valid PayPal account) prior to a cash withdraw request.
- Sellers receive rating based on quantity of delivered Orders, feedback from Buyers and other factors including cancelations, failed deliveries etc.
GHIGG PRICING TABLE
|Buyer's Task Cost ($)||Ghigg's Task Fee ($)||Seller's Task Credit ($)|
MINIMUM CASH WITHDRAWAL LIMIT: $17
FUNDS CLEARANCE PERIOD: 7 days
ORDER AUTO EXPIRATION PERIOD: 72 hours
ORDER AUTO ACCEPTANCE PERIOD: 168 hours
CASH WITHDRAWAL TRANSACTION FEE: $1.00 per transaction
DISCLAIMERS AND LIMITATIONS OF LIABILITY
The information on our website is provided on an ''as is,'' ''as available'' basis. You agree that your use of our website is at your sole risk. We disclaim all warranties of any kind, including but not limited to, any express warranties, statutory warranties, and any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our website will always be available, access will be uninterrupted, be error-free, meet your requirements, or that any defects in our website will be corrected. To the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use our website.
You will not hold Company responsible for other user's content, actions or inactions, and services users list. You acknowledge that we are a venue to allow anyone to offer, sell Offers. We are only involved in facilitating the resolution of disputes that may arise between Buyers and Sellers and have no control and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users' content or listings, the ability of sellers to sell their Offers, the ability of buyers to pay for Offers, or that a buyer or seller will actually complete a transaction.
Information on our website should not necessarily be relied upon and should not to be construed to be professional advice from us. We do not guarantee the accuracy or completeness of any of the information provided, and is not responsible for any loss resulting from your reliance on such information.
If your jurisdiction does not allow limitations on warranties, this limitation may not apply to you. Your sole and exclusive remedy relating to your use of the site shall be to discontinue using the site.
Under no circumstances will we be liable or responsible for any direct, indirect, incidental, consequential (including damages from loss of business, lost profits, litigation, or the like), special, exemplary, punitive, or other damages, under any legal theory, arising out of or in any way relating to our website, your website use, or the content, even if advised of the possibility of such damages.
Our total liability for any claim arising out of or relating to our website shall not exceed one hundred ($100) dollars and that amount shall be in lieu of all other remedies which you may have against us or our affiliates. Any such claim shall be subject to confidential binding arbitration as described later in these terms and conditions of use.
OBSCENE AND OFFENSIVE CONTENT
We are not responsible for any obscene or offensive content that you receive or view from others while using our website. However, if you do receive or view such content, please contact us so that we can investigate the matter. Although we are not obligated to do so, we reserve the right to monitor, investigate, and remove obscene or offensive material posted to our website.
You understand and agree that you will indemnify, defend and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees) and our affiliates harmless from any liability, loss, claim and expense, including reasonable attorney's fees, arising from your use of our website or your violation of these terms and conditions.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
COMPLIANCE WITH GOVERNING LAW AND DISPUTE RESOLUTION
You agree to obey all applicable laws while using our website.
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a california resident, you waive California Civil Code 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor".
You agree that the laws of Washington govern these terms and conditions of use without regard to conflicts of laws provisions.
You also agree that any dispute between you and us, excluding any intellectual property right infringement claims we pursue against you, shall be settled solely by confidential binding arbitration per the American Arbitration Association commercial arbitration rules. All claims must arbitrate on an individual basis, and cannot be consolidated in any arbitration with any claim or controversy of anyone else. All arbitration must occur in King County, Washington, USA. Each party shall bear one half of the arbitration fees and costs incurred, and each party is responsible for its own lawyer fees.
SEVERABILITY OF THESE TERMS AND CONDITIONS
If any part of these terms and conditions of use are determined by a court of competent jurisdiction to be invalid or unenforceable, that part shall be limited or eliminated to the minimum extent necessary so that the remainder of these terms and conditions are fully enforceable and legally binding.
HOW TO CONTACT US
Any questions or concerns about these terms and conditions of use should be brought to our attention by contacting us, and providing us with information relating to your concern.
This User Agreement was last updated on 1-11-2012. This policy is a part of our Terms of Service.