TERMS AND CONDITIONS
The terms of service outlined herein (referred to as "Terms of Service") regulate your access to and utilization of the Locatwork website and mobile application, encompassing all content, functionality, and services provided on or through www.locatwork.com or the Locatwork mobile application (collectively referred to as the "Site"). This platform is operated by Locatwork. The collective reference for Locatwork is "Locatwork," "we," or "us," while "you" or "user" denotes your status as a user of the Site.
Prior to initiating the use of the Site, it is imperative to thoroughly review the Terms of Service. By accessing the Site, creating an account, or consenting to the Terms of Service when presented with such an option, you affirm and agree, either personally or on behalf of your employer or any relevant entity, to be bound by these Terms of Service, accessible here ("Payment Terms"), which are incorporated herein by reference. Additionally, you confirm your comprehension of our Privacy Policy, available here. If you choose not to consent to these Terms of Service or the Privacy Policy, refrain from accessing or using the Site.
The Site is accessible to users aged 18 and above, who are legally eligible to enter into a binding contract. If you are under 18 but at least 13 years old, you may use the Site solely through an account owned by a parent or legal guardian, with their explicit permission. Users under 13 are not permitted to use the Site or Locatwork services. By using the Site, you assert that you fulfill the aforementioned eligibility criteria. Failure to meet these requirements necessitates abstaining from accessing or using the Site.
Our Customer Support team is available 24/7 for any inquiries regarding the Site or Terms of Service. Contacting Customer Support can be done by submitting a request here.
- OVERVIEW:
- Only individuals with registered accounts are eligible to engage in buying and selling activities on Locatwork, and the registration process is free. By creating an account, you commit to furnishing accurate, complete, and current information, refraining from establishing accounts for deceptive purposes. You bear sole responsibility for activities on your account and safeguarding your password, with no liability attributed to us for your actions or oversights related to your account.
- Locatwork Gigs may have a starting price of $5, although some may exceed this amount as determined by the Seller. Buyers pay Locatwork in advance to initiate an order (refer to Payment Terms). Orders are placed using the Order button on a Seller's Gig page or through a Custom Offer.
- Sellers must fulfill their orders and refrain from canceling orders regularly or without valid reasons, as this affects their reputation and status.
- Sellers attain account statuses (Levels) based on performance, providing benefits such as setting higher prices for services through Gig Extras or selling Gigs in multiples.
- Transactions on Locatwork should be conducted solely through Locatwork.com, and when purchasing a Gig, Buyers gain full rights to the delivered work unless otherwise specified by the Seller. Note that additional payments (via Gig Extras) may be required for Commercial Use Licenses.
- Locatwork reserves the right to utilize all published delivered works for marketing and promotional purposes.
- Privacy is a priority, and you can review our Privacy Policy here. Users are expected to adhere to Locatwork's Community Standards, governing behavior in addition to these Terms of Service.
- Locatwork provides the Logo Maker, allowing Sellers to offer customizable logo designs with full commercial use rights for Buyers.
- SELLERS:
- Sellers create Gigs for Buyers to purchase their services, and Custom Offers may also be extended.
- Locatwork credits Sellers upon order completion, and details about receiving payments, fees, and taxes can be found in the Payment Terms. Sellers are prohibited from promoting their Gigs or any Locatwork content via the Google Ads platform.
- For every service you vend and satisfactorily fulfill, your account is credited with revenue equivalent to 90% of the purchase price.
- Locatwork imposes a 10% commission on each seller's service sold to customers. Sellers receive accreditation from Locatwork upon the completion of an order.
- Seller ratings are based on reviews from Buyers or Pro Account Team Members (for Locatwork Pro). High ratings lead to advanced Seller levels, while exceedingly low ratings may result in the suspension of the Seller's account.
- For security reasons, Locatwork may temporarily disable a Seller's withdrawal ability to prevent fraudulent activity. Sellers are responsible for securing general liability insurance to cover risks associated with their services.
Gigs, generated by users on Locatwork, are considered User Generated Content. Locatwork reserves the right to remove Gigs and/or users from the site for violations of the Terms of Service and/or Community Standards, encompassing infringements such as:
- Illegal or fraudulent services.
- Copyright or trademark infringement, as well as violations of a third party's terms of service.
- Adult-oriented or inappropriate content.
- Intentional duplication of Gigs.
- Spam, nonsense, or deceptive Gigs.
- Gigs that mislead Buyers or others.
- Reselling regulated goods.
- Offering to complete academic works on behalf of Buyers.
- Low-quality services or deliveries.
- Promotion of Locatwork or Locatwork Gigs through activities prohibited by laws, regulations, or third parties' terms of service, as well as any marketing activity negatively impacting relationships with users or partners.
- Gigs removed for violations may result in the suspension of the Seller’s account and are not eligible for restoration or editing. Removal from listings may also occur due to poor performance and/or user misconduct.
- Gigs may incorporate pre-approved website URLs within the description and requirements box. However, Gigs with websites promoting content that violates Locatwork’s Terms of Service will be removed.
- Each Gig must have an appropriate image related to the service offered, and Sellers must deliver the same quality of service as depicted in their Gig images. Failure to do so may lead to a loss of Seller status or permanent account disablement.
- Gigs may include an approved Gig Video uploaded through the Gig management tools on Locatwork. Statements on the Gig Page that undermine or circumvent the Terms of Service are prohibited.
- In specific Categories, eligible Gigs can set up Gig Packages to offer services with structured formats and multiple price points. Some categories are exclusively available to Pro Freelancers, and attempting to create a Gig for Pro-only services without being a Pro Freelancer may result in Gig removal.
Locatwork Sellers enjoy access to various exclusive features that enable them to customize how they offer their services.
- Custom Offer
Sellers can send Custom Offers tailored to meet the specific requirements of a Buyer. These Custom Offers include a precise description of the service, the associated price, and the anticipated delivery time. Custom Offers are initiated from the conversation page and must adhere to Locatwork’s Terms of Service and/or Community Standards.
- Project Milestones
For Gigs and Custom Offers exceeding $100, Sellers can incorporate up to six project milestones, each with a minimum amount of $50. The project should include at least two milestones. Each milestone is paid and delivered independently, following the description and timelines specified in the Gig or Custom Offer. Buyers can choose to proceed with the Order and pay for the next milestone after the current one is completed. Failure to pay for the next milestone within 10 days results in the subsequent milestones not starting. If no acceptance or modification requests are submitted within 8 days after delivery, a milestone is automatically marked as complete. In such cases, further milestones will not initiate.
- Gig Subscription
Sellers have the option to offer Buyers a fixed-term subscription for a specific Gig, known as the “Gig Subscription.” During the subscription term, Sellers deliver one Order of the same Gig on a recurring basis, as agreed upon by the Seller and Buyer. Buyers can cancel future Orders under the Gig Subscription before payment is made, adhering to Locatwork’s Order Cancellation policy. Sellers may cancel the Gig Subscription up to 10 days before the next consecutive Order, or Locatwork’s Order Cancellation policy will apply.
- Buyers:
Buyers are prohibited from offering direct payments to Sellers using payment systems outside the Locatwork platform. Locatwork retains the right to use all publicly published delivered works for marketing and promotional purposes. Additionally, Buyers may utilize the Post a Request feature to seek specific services, ensuring that the requested services align with Locatwork guidelines.
For details on making payments through the Locatwork platform, understanding fees, and taxes, Buyers should refer to the Payment Terms. Buyers can also request Custom Orders tailored to their specific requirements, receiving Custom Offers from Sellers through the site. It's crucial for Buyers to refrain from making payments to Sellers through any method other than the Locatwork.com site, and any such instances should be reported to Customer Support immediately.
- ORDERS:
- Upon confirmed payment, an order is created and assigned a unique Locatwork order number (#FO). Sellers must deliver completed files or proof of work using the Deliver Work button on the Order page, adhering to the service purchased and advertised on their Gig.
- Abusing the "Deliver Work" button may result in order cancellation, impacting the Seller's rating and leading to a warning. An order is marked as complete when it is delivered, accepted by the Buyer, or automatically marked as complete if not accepted within 3 days. Buyers may extend this period by up to 5 additional days.
- Locatwork encourages Buyers and Sellers to resolve conflicts independently, but if unsuccessful, Customer Support can be contacted for assistance.
- Certain Gigs offering local services may require in-person meetings. Locatwork does not guarantee the behavior, conduct, or safety of Buyers and Sellers in such cases. Both parties acknowledge the associated risks, and Locatwork's Terms of Service apply even when services are performed outside the marketplace.
- Upon a Buyer placing an order for a Gig, the Seller receives notifications through email and on the site while logged into their account.
- Sellers are obligated to adhere to the delivery time they specified during the creation of their Gigs. Failure to meet this timeframe allows the Buyer to cancel the Order if it is marked as late, potentially impacting the Seller's status.
- To mark an Order as Delivered, Sellers must use the "Deliver Completed Work" button found on the Order page, sending completed files and/or proof of work.
- It is the responsibility of users to scan all transferred files for viruses and malware. Locatwork is not accountable for any damages resulting from site usage or the use of content or files transferred.
- Buyers have the option to utilize the "Request Revisions" feature on the Order Page when an Order is marked as Delivered. This feature is employed if the delivered materials do not align with the Seller's description on their Gig page or the initial requirements sent to the Seller at the start of the order process.
- Buyer-provided reviews play a crucial role in Locatwork's rating system.
- Reviews remain in place unless there are clear violations of the Terms of Service and/or Community Standards.
- To prevent misuse of the review system, reviews must originate from legitimate and eligible orders. Any purchases intended to artificially boost Seller ratings or abuse the Locatwork platform will result in the permanent suspension of all related accounts.
- It is prohibited to withhold the delivery of services, files, or necessary information for completing the Gig's service with the intention of obtaining favorable reviews or additional services. Sellers are not allowed to request the removal of feedback reviews from Buyers through mutual cancellations.
- Once both the Seller and Buyer have completed their reviews, or the applicable review period has elapsed, all posted reviews become public. Work Samples, which are the images and videos sent to a Buyer in a delivery message, are added to a Seller's Live Portfolio on their Gig page if the Buyer chooses to publish the Work Sample while providing a public feedback review. Reviews are not available for orders made through the Logo Maker.
- DISPUTES AND CANCELLATIONS:
- Buyers and Sellers are encouraged to resolve conflicts on their own. If this proves unsuccessful, users can contact Locatwork's Customer Support department for assistance through this link.
- USER CONDUCT AND PROTECTION:
- Locatwork facilitates a global platform for creating, sharing, selling, and purchasing a wide range of services. Users are expected to maintain a friendly, community-oriented, and professional environment while participating in Locatwork activities. This section outlines the expected conduct users should follow when interacting with each other on Locatwork.
- To report violations of the Terms of Service and/or Community Standards, user misconduct, or for inquiries regarding your account, please contact the Customer Support team here.
Disclosing or seeking email addresses, Skype/IM usernames, phone numbers, or any personal contact details to communicate outside Locatwork with the intention to bypass or misuse the Locatwork messaging system or platform is prohibited. Essential personal information exchanges required for service continuation may occur within the Order Page. Locatwork does not assure the level of service offered to Buyers, and dispute resolution tools on the Order Page should be utilized. Locatwork does not extend protection for users interacting outside the platform; all information and file exchanges should occur exclusively on Locatwork. Any form of rude, abusive, or violent communication may lead to account warnings or account suspension/removal. Discrimination based on various factors may result in account suspension/removal. Users must not submit proposals or solicitations outside Locatwork.
Users intending to defame competitors by ordering from competing services may have reviews removed or face further account-related actions. Spamming or soliciting previous Buyers or Sellers for review removal or order cancellation is discouraged.
Users can report Gigs violating Locatwork’s Terms of Service, especially those resembling pre-existing services (copycat Gigs). Sellers guarantee that the content in their Gigs is original and does not infringe third-party rights. Locatwork will respond to notices of alleged copyright or trademark infringement.
Report content violating Terms of Service and/or Community Standards through appropriate channels. Trust & Safety teams review cases, and investigation results are not disclosed for privacy reasons.
Users violating Terms of Service and/or Community Standards may receive warnings through email and on the site. Warnings may affect account status. Non-permitted usage includes prohibited content and activities, and violations may lead to permanent suspension.
Non-Permitted Usage
- Adult Services & Pornography: Exchange of adult or pornographic materials is prohibited.
- Inappropriate Behavior & Language: Communication should be friendly, constructive, and professional; hate speech is not allowed.
- Phishing and Spam: Sending malicious content is strictly prohibited.
- Privacy & Identity: Private information must not be published, and personal exchanges must occur on the Order Page.
- Authentic Locatwork Profile: Users must not create false identities, misrepresent themselves, or use others’ accounts.
- Intellectual Property Claims: Locatwork responds to notices of copyright or trademark infringement.
- Fraud / Unlawful Use: Locatwork may not be used for illegal purposes.
- Abuse and Spam
- Multiple Accounts: Users are limited to one active Locatwork and Locatwork Pro account; creating additional accounts to mislead or promote competitive advantages is prohibited.
- Targeted Abuse: Users engaging in targeted abuse or harassment face consequences.
- Selling Accounts: Buying or selling Locatwork accounts is not allowed.
The Site, encompassing its overall layout, appearance, design, information, content, and associated materials, is the exclusive property of Locatwork, safeguarded by copyright, trademark, and intellectual property laws. Locatwork is a registered trademark solely owned by Locatwork. Users are expressly prohibited from: (i) copying, modifying, distributing, creating derivative works, or reproducing the Site; (ii) attempting to decipher its source code or reverse engineer it; (iii) removing any copyright or proprietary notices; (iv) using unauthorized third-party software to modify the Site; (v) attempting unauthorized access, disruption, or damage to the Site; (vi) circumventing technological measures or content protections; (vii) utilizing automation software or other devices to collect information from the Site; (viii) introducing malicious materials; (ix) impairing the Site’s functionality; or (x) accessing the Site contrary to these Terms of Service. Users also agree not to authorize others to engage in such activities.
Apart from the limited right to use the Site as per these Terms of Service, Locatwork retains full ownership of the Site, including all intellectual property rights. Locatwork reserves the exclusive right to create derivative works.
By providing comments, suggestions, or other feedback (collectively, “Feedback”) regarding the Locatwork platform or Site, users grant Locatwork an exclusive, royalty-free, fully paid up, perpetual, irrevocable, worldwide ownership rights in the Feedback. Locatwork is not obligated to implement any received Feedback.
Sellers acknowledge the potential disclosure of confidential information by Buyers for the purpose of delivering ordered work. Sellers agree to treat such information as highly sensitive, maintaining strict confidentiality, refraining from disclosure to third parties, using it solely for delivering the work, and obtaining permission before copying or reproducing any information.
- GENERAL TERMS:
- Locatwork reserves the right to suspend or permanently disable accounts for breaches of these Terms of Service and/or Community Standards, including low-quality services, illegal use of the Site, or inappropriate activity. Violations may result in permanent account disablement. Disabled accounts cannot engage in buying or selling on Locatwork. Users may contact Customer Support for details about the violation and account status. Account Security features are available for user protection, and account ownership verification may be required through Customer Support. Disputes should be resolved using Locatwork's dispute resolution tools or by contacting Customer Support. Locatwork may update its Terms of Service, and using Locatwork after changes implies acceptance of the updated terms.
- USER GENERATED CONTENT:
- User Generated Content (UGC) refers to content added by users, and users uploading/creating content are solely responsible for it. Locatwork does not check user content for appropriateness or violations but encourages reporting of violations. Locatwork is not responsible for the content or quality of services provided by Sellers. Users are advised to use Locatwork's rating system and exercise common sense. Sellers must have sufficient permissions and rights for offered services. Compliance with advertising platform laws and terms is necessary for Gig promotion. Intellectual Property claims policy and reporting mechanisms for violations are available, with consequences for repeat infringers.
- OWNERSHIP:
- Ownership and Restrictions: Upon purchasing a Gig on Locatwork, unless explicitly stated otherwise on the Seller's Gig page/description, the Buyer, upon delivery and payment, receives all intellectual property rights, including copyright, in the delivered work. The Seller relinquishes moral rights, explicitly assigning the copyright to the Buyer. The transfer of intellectual property is contingent upon full payment, and the delivered work may not be used if payment is canceled. In cases of custom-created work, the copyright becomes the exclusive property of the Buyer upon delivery. Some Gigs, especially for custom-created work, may require additional payments for a Commercial Use License. For personal use, buyers own all necessary rights; for business purposes, a Commercial Use License is needed.
- For Voice Over Gigs, basic rights are purchased, permitting non-commercial use. Commercial Rights (Buy-Out) through Gig Extra are required for product promotion, and Full Broadcast Rights (Buy-Out) for commercials on radio, television, and the internet.
- Moreover, users agree that unless specified otherwise, content voluntarily created/uploaded to Locatwork may be used by Locatwork for marketing and other purposes without compensation.
- Gig Commercial Use License
By purchasing a "Commercial Use License," the Buyer receives a perpetual, exclusive license for business-related use, with the Seller retaining ownership rights. This license is subject to Locatwork’s Terms of Service, with no warranty, and neither the Seller nor Locatwork is liable for claims or damages related to the license or use of the delivery.
- DISCLAIMER OF WARRANTIES:
- Your use of the Site, its content, and any services or items obtained through the Site is at your own risk. The Site, its content, and services are provided "as is" and "as available," without any warranties. Locatwork and associated persons make no warranties regarding completeness, security, reliability, quality, accuracy, or availability of the Site. This disclaimer does not affect warranties that cannot be excluded or limited under applicable law.
- MACHINE TRANSLATION:
- Certain user-generated content on the Site has undergone translation for user convenience through translation software powered by Amazon or Google. While efforts have been made to ensure accuracy, automated translation is not flawless and is not meant to substitute human translators. These translations are provided as a service, "as is," without any warranty regarding accuracy, reliability, or correctness. Some user-generated content, like images, videos, Flash, etc., may not be accurately translated due to the limitations of translation software.
- Google disclaims all warranties related to translations, including accuracy, reliability, merchantability, fitness for a particular purpose, and noninfringement. The official English version of the Site is authoritative. Discrepancies in translations are not binding and hold no legal weight for compliance or enforcement. For accuracy concerns, refer to the English version.
- LIMITATION ON LIABILITY:
- Locatwork, its affiliates, licensors, service providers, employees, agents, officers, or directors will not be liable for damages of any kind arising from or in connection with your use or inability to use the Site, linked websites, content, or services obtained through the Site. This includes direct, indirect, special, incidental, consequential, or punitive damages, such as personal injury, emotional distress, loss of revenue, profits, business, anticipated savings, use, goodwill, or data, whether caused by tort (including negligence) or breach of contract, even if foreseeable.
- This limitation does not affect liability that cannot be excluded or limited under applicable law. The term "Affiliate" refers to an entity that controls, is under control of, or is under common control with Locatwork, indicating more than fifty percent (50%) voting stock or ownership interest or the majority of voting rights.
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