These Terms of Service (“Agreement” or “Terms”) are effective as of January 1, 2014. By accessing this Site you are indicating your acknowledgment and acceptance of these Terms of Service.
“Client” means a User that purchases Writer Services or identifies a Writer through the Site.
“Writer” means a User that offers and delivers services or identifies a Client through the Site.
“Project” means the request submitted by a Client to DNC Marketing seeking writers to satisfy a Client’s aim to obtain content.
“Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all pitches therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
“Services Agreement” means the Services Agreement between the Writer and Client
“Site” means the website found at the domain dncmarketingservices.com
“Submission” means any and all work product developed by Writer in carrying out Writer Services as required to complete the Job and delivered to DNC Marketing.
“Third-Party Services” means all services that are accessible through the Site and delivered by third parties. The term Third-Party Services does not include DNC Marketing Services or Writer Services.
“User” means (1) a person who is a User, using the Site on his or her own behalf, or (2) a person who is using the Site on behalf of a User that is a company or organization.
2. Services Found on This Site
DNC Marketing makes the Site available as a marketplace for writers of any type (“Writer”) and individuals or entities seeking written works (“Clients”) to identify each other and work together online to complete, invoice, and pay for Projects (“Projects”).
3. Client and Writer Relationship
A. Services Agreement
The dealing, contracting and fulfillment of a Project are between a Client and a Writer. Upon Assignment of a Project on the Site, Client agrees to purchase, and Writer agrees to deliver, the Writer Services in accordance with the Terms Of Service.
Client is a third-party beneficiary to the Writer Services Agreement and is entitled to the rights and benefits thereunder and may rely upon and specifically enforce Writer’s obligations thereunder as if it were a party hereto, including without limitation provisions with respect to copyright rights and other ownership rights in the Project and rights to indemnification.
Client is responsible for managing, inspecting, accepting and paying for satisfactory Writer Services in accordance with the Services Agreement in a timely manner. Writer is responsible for the performance and quality of the Writer Services in accordance with the Services Agreement in a timely manner and professional manner, consistent with industry practice, at a location, place and time that Writer deems appropriate. Client and Writer each covenants and agrees to act with good faith and fair dealing in performance of the Services Agreement.
All content produced by Writers within the DNC Marketing platform is royalty-free. Royalty-free content is content which distribution, modification, and commercial rights are ceded by the original Writer to the Client at the moment of approval of the content by the Client.
C. Reporting and Taxes; No Employment Relationship Created
Client and Writer are solely responsible for satisfying any income tax, payroll tax, payroll withholding, sales, VAT, GST and use tax, governmental reporting and other legal requirements under applicable law, and all other requirements applicable to the purchase and sale of services from and by independent Writers. Client and Writer agree to indemnify DNC Marketing for any taxes or penalties imposed on DNC Marketing by virtue of the purchase and sale of services between them on this Site.
Writers acknowledge that they are an independent contractor and not employed by DNC Marketing as an employee. As such, in addition to satisfaction of tax obligations as set forth above, Writers are solely responsible for their own license fees (if any) and normal business expenses. Writers are not entitled to any benefits available to DNC Marketing employees, including, but not limited to, medical, unemployment, vacation and pension benefits. Writers are solely responsible for providing workers’ compensation, liability, and other insurance coverage, as they deem appropriate and required. Writers are solely responsible for complying with all applicable state and federal reporting and/or income requirements.
4. Prices, Payments, and Money Back Guarantee
Clients: The prices posted for the amount and type of Writer Services a Client can purchase, including bundled packages, are displayed on the Site and subject to change at DNC Marketing’s discretion. Any change in these prices shall apply on a going-forward basis.
Your use of DNC Marketing constitutes your agreement to pay for any amounts that you authorize us to charge against your Account and, as appropriate, your credit card, bank account, or PayPal. Such payments, once authorized, are final.
Money Back Guarantee: DNC Marketing will, upon the Client’s request by email to firstname.lastname@example.org and subject to the restrictions described below, provide a credit or a full refund of the Payment made by the Client for the Writer Services. The Money Back Guarantee is only applicable until the Project is approved by the Client or for up to 7 consecutive days from the date the Project is automatically approved by the DNC Marketing platform. In addition, only payments that are made no longer than 6 months prior to the refund request date are eligible for refunds, including refunds for Prepaid Bundle purchases.
6. User Eligibility and Obligations
DNC Marketing is intended solely for a legal entity or an individual eighteen (18) years of age or older, and any registration by, use of, or access to the Site by anyone under the age of 18 is unauthorized, unlicensed, and in violation of these Terms. By using the Site, You represent and warrant that You are 18 or older, and further, that You agree to abide by all of the terms and conditions of this Agreement. DNC Marketing may terminate Your Account, Project, and any content or information that You have posted on the Site and/or prohibit You from using or accessing the Site for any reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that You are under 18.
To register for an Account with DNC Marketing, you must accept all of the terms and conditions in, and linked to, this Agreement. When you do so, you agree to: (a) abide by this Agreement and the processes, procedures, and guidelines described throughout the Site; (b) be financially responsible for your use of the Site and the purchase or delivery of Writer Services; and (c) perform your obligations as specified by any Services Agreement that you accept, unless such obligations are prohibited by law or by this Agreement. DNC Marketing reserves the right in its sole discretion to refuse, suspend, or terminate service to anyone for any reason or no reason.
To become a User and access Site Services through our Site you must register for an “Account.” You agree to provide true, accurate and complete information as prompted by the registration form and all forms you access on the Site, and to update this information to maintain its truthfulness, accuracy and completeness. You cannot register for more than one Account without express written permission from DNC Marketing.
Each User represents, warrants, and agrees to grant access to the Account only to Users authorized to act on behalf of the Users and only in accordance with this Agreement. Additionally, User represents, warrants, and agrees to be fully responsible and liable for any action of any User who uses the Account
Your DNC Marketing Account is not transferable, and any transfer or attempted transfer to another party is null and void.
8. Usernames and Passwords
When a User registers an Account, the User will be asked to choose a Username and password for the Account. As a User, you agree and you are entirely responsible to safeguard and maintain the confidentiality of the Username and password you use to access this Site. DNC Marketing will assume that any person using the Site with your Username and password is authorized to act for you.
9. Links to Third Party Content
As you view this Site, you may notice links to third-party websites. These links are for convenience only. If you use these links, you will leave this Site. Certain of these linked websites may make use of DNC Marketing proprietary intellectual property rights (such as copyrights, trademarks, service marks, logos and trade names) under license from DNC Marketing. DNC Marketing is not responsible for the availability or content of these other websites or for any viruses or other damaging elements encountered in linking to a third-party website. In addition, providing links to these websites should not be interpreted as endorsement or approval by DNC Marketing of the organizations sponsoring such third-party websites or their products or services. These Terms do not apply to any other websites.
10. Site Access
The following are prohibited activities which could lead to the termination of a User account:
• Send or otherwise transmit to or through this Site any unlawful, infringing, harmful, harassing, defamatory, threatening, hateful or otherwise objectionable material of any kind, any material that can cause harm or delay to this Site or computers of any kind, and any unsolicited advertising, solicitation or promotional materials;
• Misrepresent your identity or affiliation in any way;
• Restrict, discourage, or inhibit any person from using this Site, disclose personal information on this Site or obtained from this Site, or collect information about users of this Site;
• Reverse engineer, disassemble or decompile any section or technology on this Site, or attempt to do any of the foregoing;
• Gain unauthorized access to this Site, other users’ accounts, names, or personally identifiable information, or other computers or Sites connected or linked to this Site;
• Launch or use any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that access this Site in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser;
• Send or otherwise transmit to or through this Site chain letters, unsolicited messages, so-called “spamming” or “phishing” messages, or messages marketing or advertising goods and services;
• Violate any applicable laws or regulations or these Terms;
• Assist or permit any persons in engaging in any of the activities described above;
• You represent and warrant that any Content You contribute shall not be defamatory, nor shall it violate anyone’s right of privacy or publicity, not shall it infringe any copyright, trademark, patent, or other personal or proprietary right of any person or entity; or
• You will obtain releases, consents, and permissions for use of all materials, trademarks, content, and persons depicted or included in any Content you contribute.
11. User Disputes
You are solely responsible for your interactions with other Users. DNC Marketing reserves the right, but shall have no obligation, to monitor disputes between You and other Users.
12. User Content
Some areas of the Site may allow Users to post feedback, comments, questions, and other information (“User Content”). You are solely responsible for your User Content that you upload, publish, display, link to or otherwise make available (hereinafter, “post”) through the Site, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand that whether or not such User Content is published, DNC Marketing does not guarantee any confidentiality with respect to any User Content.
You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current.
DNC Marketing takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. You acknowledge that DNC Marketing has no editorial control over User Content posted by Users on the Site and is not responsible for and does not monitor such content for accuracy or reliability. DNC Marketing does not confirm whether a Writer has the expertise, or is qualified or licensed to provide the Writer Services or advice being requested. DNC Marketing reserves the right, but is not obligated, to reject and/or remove any User Content that DNC Marketing believes, in its sole discretion, violates these provisions.
13. User License to DNC Marketing
You retain all your ownership rights in your User Content except ownership for Writer Services which is governed by the terms in the Services Agreement. By posting any User Content on the Site, you expressly grant, and you represent and warrant that you have a right to grant, to DNC Marketing a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Site and DNC Marketing’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. Notwithstanding the foregoing, DNC Marketing will only use or disclose your User Content posted to non-public areas of the Site to the extent necessary to provide you the services on the Site. You also hereby grant each User of the Site a non-exclusive license to access your User Content through the Site, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Site and under this Agreement.
The above licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete your User Content from the Site. You understand and agree, however, that DNC Marketing may retain, but not display, distribute, or perform, server copies of User Content that have been removed or deleted. The above licenses granted by you in User Content for which the Site does not provide you a means to delete or remove are perpetual and irrevocable.
14. Disclaimers, Limitations and Exclusions
You are responsible for creation, storage, and backup of your business records. This Agreement and any registration for or subsequent use of the Site will not be construed as creating any responsibility on DNC Marketing’s part to store, backup, retain, or grant access to any information or data for any period.
We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information, or information about the entity that you represent, at your own risk.
DNC Marketing may terminate Your use of this Site or any of our features or services at any time and for any reason without notice for conduct violating these Terms. Upon any such termination, you must destroy all Content obtained from this Site and all copies thereof. The provisions of these Terms concerning Site security, prohibited activities, copyrights, trademarks, user submissions, disclaimer, limitation of liability, indemnity, and jurisdictional issues shall survive any such termination.
C. Warranty Disclaimer
Content on this Site is provided to You “AS-IS” for Your information and personal use only. You agree that You will not use, copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit for any commercial or other purpose whatsoever any Content without the prior written consent of DNC Marketing, or except as expressly permitted herein. If You download or print a copy of the Content for personal use, You must retain all copyright and other proprietary notices contained herein. You agree not to circumvent, disable, or otherwise interfere with the security related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content herein.
You agree that your use of the site shall be at your sole risk. To the fullest extent permitted by the law, DNC Marketing, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the site and your use thereof. DNC Marketing makes no warranties or representations about the accuracy or completeness of the site’s content or the content of any sites linked to this site and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies in content, (ii) personal injury or property damage, or any nature whatsoever, resulting from your access to and use of the site, (iii) any unauthorized access to or use of DNC Marketing’s secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the site, (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party, and/ or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the site or the services made available via the site. DNC Marketing does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site or any hyperlinked site or featured in any banner or other advertising, and DNC Marketing will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. You assume all risk as to the quality, function, and performance of the site, and to all transactions you undertake on the site, including without limitation submission of any content.
15. Limitation of Liability
To the extent permitted under applicable law, under no circumstances, including, but not limited to, negligence, shall DNC Marketing be liable for any compensatory, punitive, special or consequential damages that result from 1) the use of this site or the materials on it, 2) the inability to use this site or the materials on it, 3) the misappropriation of materials, or 4) the loss of, or damage to, materials for any reason, even if DNC Marketing or a DNC Marketing authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above exclusion may not apply to you.
You agree to indemnify and hold harmless DNC Marketing, its shareholders, business partners, directors, officers, employees, agents, Users, or third party sponsors, subsidiaries, affiliates, successors, and assignees, at Your sole cost and expense, from all liabilities, claims, and expenses, including attorney’s fees, that arise from Your use of the Site and from any Content you contribute to the Site. DNC Marketing reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will cooperate with DNC Marketing in asserting any available defense. You shall not settle any indemnified claim without DNC Marketing’s prior written consent.
B. Unsolicited Ideas
All trademarks, service marks, logos and trade names on this Site, whether registered or unregistered, including but not limited to dncmarketingservices.com is proprietary to DNC Marketing or to other companies where so indicated. You may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names without the prior written consent of the appropriate owner thereof.
D. Jurisdictional Issues
This Site is controlled and operated by DNC Marketing. DNC Marketing makes no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to this Site from jurisdictions where the contents of this Site are illegal or penalized is prohibited.
E. Entire Agreement; No Waiver; Severability
These Terms constitute the entire agreement between You and DNC Marketing regarding the use of the Site, superseding any prior agreements between You and DNC Marketing relating to your use of the Site. The failure of DNC Marketing to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms is held invalid, the remainder of these Terms shall continue in full force and effect. If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
F. Claims of Copyright Infringement
DNC Marketing respects the intellectual property of others. If You believe that Your copyrighted work has been copied and is accessible on the Site in a way that constitutes copyright infringement, pursuant to Title 17, United States Code, Section 512(c)(2), You are encouraged, as a first step, to contact the involved party in an attempt to resolve the issue directly. You may in addition or as a next step send a notification of claimed copyright infringement to DNC Marketing’s designated agent along with the following information:
• The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf;
• A description of the copyright work that You claim has been infringed and a description of the infringing activity;
• Identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the Site where it is posted or the name of the book in which it has been published;
• Identification of the URL or other specific location on the Site where the material that You claim is infringing is located, including enough information to allow DNC Marketing to locate the material;
• Your number, address, telephone number, and email address;
• A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• A statement by You, made under penalty of perjury, that the above information in Your Notice is accurate and that You are the copyright owner or are authorized to act on the copyright owner’s behalf.
We caution you that if you knowingly misrepresent that material is or is not infringing, you may be subject to heavy civil penalties. These include monetary damages, court costs, and attorneys fees incurred by us, by any copyright owner, or by any copyright owner’s licensee that is injured as a result of our relying upon your misrepresentation. You may also be subject to criminal prosecution for perjury.
We have a policy of terminating accounts of repeat infringers. A repeat infringer includes any user who has submitted or posted two or more pieces of Content for which we receive a notice of infringement. You agree that if your account is terminated pursuant to these Terms, you will not attempt to establish a new account under any name, real or assumed, and further agree that if you violate this restriction by opening a new account after being terminated you indemnify and hold us harmless from any and all liability that we may incur therefore.
G. Governing Law; Venue
These Terms and the validity, construction, and performance thereof will be governed in all respects by the laws of the State of Hawaii, United States of America, without regard to its choice of law provisions. You irrevocably agree that any action proceeding arising from or relating to this agreement may be brought only in the courts of Hawaii, consent, for Yourself and in respect of Your property, to the jurisdiction of each such court in any such action or proceeding, and waive any objection to proceeding in such venue, including that the forum is inconvenient.
If you have any questions regarding these Terms, please email email@example.com.