The following terms of service (these "Terms of Service"), govern your access to and use of the Hire my profile website and mobile application, including any content, functionality and services offered on or through www.hiremyprofile.com or the hire my profile mobile application. Hire my profile referred hereto as "HMP" "we" or "us" and “you” or “user” means you as an user of the Site.
Preferred Outsourcing Pvt Ltd grants you (“User” or “you” or “your”) permission to access and use the Site and Content, subject to these T&Cs. By accessing or using any part of the Site - hiremyprofile.com, you acknowledge that you have read, understood, and agree to be bound by these T&Cs. If you are accepting these T&Cs on behalf of a company or other legal entity (“User Entity”), you must have the legal authority to bind that User Entity to these T&Cs. In such a case, “you” or “your” or “User” will refer to that User Entity. If you do not have the authority to bind the User Entity or do not agree with these T&Cs, you must not accept these T&Cs or access or use the Site or Content.
If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Site. For more detailed policies surrounding the activity and usage on the Site, please access the designated articles herein.
This Site is offered and available to users who are at least 18 years of age and of legal age to form a binding contract. If you are under 18 and at least 13 years of age, you are only permitted to use the Site through an account owned by a parent or legal guardian with their appropriate permission. If you are under 13 you are not permitted to use the Site or the HMP services. By using the Site, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site
Our Customer Support team is available 24/7 if you have any questions regarding the Site or Terms of Service. Contacting our Customer Support team can be performed by submitting a request here.
The original language of these Terms of Service, as well as all other texts throughout the Site, is English.
Key Terms
- 1. Buyers - Are users who purchase services on HMP.
- 2. Sellers - Are users who offer and perform services on HMP.
- 3. Proposals - Are exclusive offers that a Seller can create in response to specific requirements posted by a Buyer.
- 4. Jobs - Are requests made by a Buyer to receive a Custom proposals from a Seller.
- 5. Subscription - Allow Sellers to offer services in different formats and prices. It can include upgrades, which lets Sellers price their service for a basic price of over $5.
- 7. Service Page - Is where the Seller can describe their service and it's terms, and the Buyer can purchase the Service and create an work order.
- 8. Work Order - Page is where Buyers and Sellers communicate with each other in connection with an ordered Service & are the formal agreements between a Buyer and Seller after a purchase was made from the Seller’s Service Page.
Overview
- Only registered users may buy and sell on HMP. Registration is free. In registering for an account, you agree to provide us with accurate, complete and updated information and must not create an account for fraudulent or misleading purposes. You are solely responsible for any activity on your account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your account.
- Buyers pay HMP in advance to create an order (see Payment Terms).
- Services are not purchased directly. Buyers must thoroughly discuss their requirements with the seller first. Only when a mutual understanding is reached will the seller send a custom proposal, and the work order will commence.
- For fees and payments please read the Payment Terms
- Sellers must fulfill their orders, and may not cancel orders on a regular basis or without cause. Cancelling orders will affect Sellers’ reputation and status.
- Sellers gain account statuses (Levels) based on their performance and reputation. Advanced levels provide their owners with benefits, including offering services for higher prices through Service Extras, or selling their Service in multiples.
- Users may not offer or accept payments using any method other than placing an work order through hiremyprofile.com.
- When purchasing a Service, Buyers are granted all rights for the delivered work, unless otherwise specified by the Seller on their Service page. Note: some Services charge additional payments (through Extras) for Commercial Use License. See our “Ownership” and “Commercial Use License” sections below for more information.
- HMP retains the right to use all published delivered works and Logo Designs for HMP marketing and promotion purposes.
- We care about your privacy. You can read our Privacy Policy here.
SELLERS
Basics
- Sellers create Services on HMP to allow Buyers to purchase their services.
- Sellers may also offer Custom Offers to Buyers in addition to their Services.
- Each Service you sell and successfully complete, accredits your account with a revenue equal to 90% of the purchase amount.
- HMP accredits Sellers once an order is completed. See our "Orders" section below for a definition of a completed order.
- The Seller's rating is calculated based on the work order reviews posted by Buyers. High ratings allow Sellers to obtain advanced Seller levels (see Levels below). In certain cases, exceedingly low ratings may lead to the suspension of the Seller’s account.
- For security concerns, HMP may temporarily disable a Seller’s ability to withdraw revenue to prevent fraudulent or illicit activity. This may come as a result of security issues, improper behavior reported by other users, or associating multiple HMP accounts to a single withdrawal provider.
For more information about receiving payments, fees and taxes see the Payment Terms.
Services
-
Sellers are allowed to post a select amount of active services based on their Membership plan
they have purchased.
- Create 5 Active Services for Sellers with Basic membership plan ( free for a month)
- Create 10 Active Services for Sellers with professional membership plan
- Create 25 Active Services for Sellers with premium membership plan
- Active Services created on HMP are User Generated Content.
- Services and/or users may be removed by HMP from the Site for violations of these Terms of Service and/or our Community Standards, which may include (but are not limited to) the following violations and/or materials:
- Illegal or Fraudulent services
- Copyright Infringement, Trademark Infringement, and violation of a third party's terms of service reported through our Intellectual Property Claims Policy found here
- Adult oriented services, Pornographic, Inappropriate/Obscene
- Intentional copies of other Sellers active Services
- Spam, nonsense, or violent or deceptive messages or write ups
- Services misleading to Buyers or others
- Reselling of regulated goods
- Offering to prepare academic works on behalf of Buyers
- Exceedingly low quality Services
- Promoting HMP and/or HMP Services through activities that are prohibited by any laws, regulations, and/or third parties' terms of service, as well as through any marketing activity that negatively affects our relationships with our users or partners.
- Services that are removed for violations mentioned above, may result in the suspension of the Seller’s account.
- Services that are removed for violations are not eligible to be restored or edited.
- Services may be removed from our Search feature due to poor performance and/or user misconduct.
- Services may include pre-approved website URLs contained within the Service description and requirements box. Services containing websites promoting content, which violates HMP’s Terms of Service and/or our Community Standards, will be removed.
- All active services created by sellers are required to have an appropriate Service image related to the service offered. An option to upload two additional images are available to all Sellers. Sellers must deliver the same quality of service as shown on their images. Recurring deliveries that don’t match the quality shown on the Service images may lead to the Seller’s account losing Seller status or becoming permanently disabled.
- Services may contain an approved Service Video uploaded through the Service management tools available on HMP.
- Statements on the Service Page that undermine or circumvent these Terms of Service is prohibited.
- Certain categories are available only to Premium Sellers to create active services. If you are not a Premium Seller, creating a services available to Premium seller only may result in removal of your service.
- Sellers can add different packages for a service offered - Basic, standard and advance. These are in addition to service and will have extra features for additional price. Sellers can also add service extras to thier offered package.
- Service Extras may be removed for violations of our Terms of Service and/or our Community Standards. For specific terms, please see the Services section above for a list of conditions that violate our Terms of Service. An active service is subject to be removed due to violations found in Service Extras.
- Services offered through Service Extras must be related to the base service and part of the deliverables on the Order.
- Sevice Extras may cover different categories of services that are components to a higher quality delivered service.
- Sellers have the option to extend the duration of an Order for each Service Extra that is added to the Order. This is to cover the time needed to complete the extra service.
Levels
- HMP is all about helping Sellers leverage their skills.
- We seek to empower top performing Sellers with helpful tools to grow their business.
- Sellers who invest in self-promotion may achieve greater customer satisfaction.
- And, if they deliver on time and maintain high quality and ratings, HMP may reward them with new statuses, special opportunities, benefits, and tools that come with it.
- HMP Sellers can gain account Levels based on their activity, performance and reputation.
The advancement criteria can be found here:
- Advancement in Levels are updated periodically by an automated system.
- The current Levels a Seller can achieve are, Level 1, 2, and Top Rated.
- Sellers who cannot maintain their high quality service, experience a severe drop in ratings, or stop delivering on time risk losing their Seller status and the benefits that come with it.
- Advanced levels provide their owners with additional benefits, including offering Services for higher prices through Service Extras, or selling their Service in multiples.
For example: late deliveries, warnings to the Seller’s account and cancellations can cause a Seller to move to a different Level.
Featured Sellers
Featured Sellers are chosen manually by HMP Team through an ongoing review process based on seniority, volume of sales, extremely high ratings, exceptional customer care, high order completion rate and community leadership. Featured Sellers are showcased on the home page of HMP website and they gain access to more extensive features than other sellers, including exclusive access to beta features and VIP support.
Features sellers eligibility is constantly evaluated by HMP to ensure that the quality standards and expectations of the Featured selection is kept. HMP retains the right to change a Featured Seller status in light of such evaluation. In addition, Featured Sellers who cannot maintain their high quality service through a severe drop in ratings, stop delivering on time, increased cancellation rate or violate our Terms of Service and/or our Community Standards, also risk losing their status and the benefits that come with it.
Custom proposals
- Sellers can also send Custom proposals addressing specific requirements of a Buyer.
- Custom proposals are defined by the Seller with the exact description of the service, the price and the time expected to deliver the service.
- Custom proposal are sent from the conversation page.
- Services provided through Custom proposal may not violate HMP's Terms of Service and/or our Community Standards.
- Sellers are required to deliver proof of completion of services in the Order Page. Please see our Orders section for further details.
- Communication for handling Orders should be performed on HMP, through the Order Page. Users who engage and communicate off of HMP will not be protected by our Terms of Service.
Stock Images
- When you purchase stock images, you receive a license to use the images under the terms specified by the seller. You do not own the images, and your use is subject to the seller’s licensing terms.
- The selected image is integrated with the delivered work only and not as a stand-alone or for recurring use. Sellers are unauthorized to share the original image file with the Buyer or any third party.
- When using Stock Images, you represent and warrant the following:
- You may not sell, modify, re-use, re-sell, distribute, display, reproduce or make any other use of the Stock Images.
- Stock Image(s) may not be used:
- On a stand-alone basis with no other content;
- For pornographic, defamatory or other unlawful purposes;
- As templates used to create multiple copies of the same Service;
- For the purpose of enabling file-sharing of the image file; or
- In logos, trademarks, service marks or any other branding or identifiers.
- If Stock Images featuring individuals is used in connection with a sensitive, unflattering or controversial subject, you must include a statement that the image is used for illustrative purposes only and the individual is a model.
- You may not activate the “right-click” function in Stock Images, remove any metadata in Stock Images, or reverse engineer, decompile, or disassemble the Stock Image(s) to enable the download or use Stock Images on a stand-alone basis.
- No ownership or copyrights to Stock Images are granted to you.
- Users can contact HMP's customer support department for assistance here.
Important: Each selected Stock Image is authorized for a one time use.
Important: If you cancel an Order that includes a Stock Image, the usage of that Stock Image will be cancelled as well and you will no longer be able to use the Stock Image.
Shipping Physical Deliverables
Some of the services on HMP are delivered physically (arts and crafts, collectable items, etc.). For these types of Services, Sellers may decide to define a shipping pricing factor.
Services that include a shipping pricing factor must have physical deliverables sent to Buyers.
Shipping costs added to a Service only pertains to the cost Sellers require to ship physical items to Buyers.
Important: Buyers who purchase Services that require physical delivery, will be asked to provide a shipping address.
Sellers are responsible for all shipping arrangements once the Buyer provides the shipping address.
HMP does not handle or guarantee shipping, tracking, quality, and condition of items or their delivery and shall not be responsible or liable for any damages or other problems resulting from shipping.
A tracking number is a great way to avoid disputes related to shipping. We require entering the tracking number if available in the Order Page when delivering your work.
BUYERS
You may not offer direct payments to Sellers using payment systems outside of the HMP platform.
HMP retains the right to use all publicly published delivered works for HMP marketing and promotional purposes.
Buyers may request a specific service from the Post a Request feature. Services requested on HMP must be an allowed service on HMP. Users should refrain from using the Post a Request feature for any purpose other than looking for services on HMP.
Purchasing
Please refer to the Payment Terms for making Payments through the HMP platform and to learn about fees and taxes.
In addition, Buyers can request a Custom Order which addresses specific Buyer requirements, and receive a Custom proposal from Sellers through the site.
You may not offer Sellers to pay, or make payment using any
method other than through the hiremyprofile.com site.
In case you have been asked to use an alternative payment method, please report it immediately to
Customer Support here.
ORDERS
- Once payment is confirmed, your order will be created and given a unique HMP order number.
- Sellers must deliver completed files and/or proof of work using the Deliver Work button (located on the Order page) according to the service that was purchased and advertised.
- The Deliver Work button may not be abused by Sellers to circumvent Order guidelines described in these Terms of Service. Using the “Deliver Work” button when an Order was not fulfilled may result in a cancellation of that Order after review, affect the Seller’s rating and result in a warning to Seller.
- An Order is marked as Complete after it is marked as Delivered and then accepted by a Buyer. An Order will be automatically marked as Complete if not accepted and no request for modification was submitted within 3 days after the Order was marked as Delivered.
- We encourage our Buyers and Sellers to try and settle
conflicts amongst themselves.
If for any reason this fails after using the Resolution Center or if you encounter non-permitted usage on the Site, users can contact HMp's Customer Support department for assistance here.
For more information about disputes, Order cancellations and refunds please refer to the Payment Terms. - If Buyers and Sellers meet in person in order for the Seller to perform the service.
- In such cases, users should note that HMP does not guarantee the behavior, conduct, safety, suitability or ability of either Buyers or Sellers.
- Both Buyers and Sellers agree that the entire risk arising out of their meeting and/or their use or performance of local services remains solely with them, and HMP has no responsibility or liability related to any local services provided by the Sellers.
- In the event that the service is performed on the Buyers’ premises, Buyers are encouraged to maintain proper insurance policies to cover their liability as the premise owner.
- HMP's Terms of Service and Community Standards remain applicable to Orders that are performed outside of the marketplace (including, among others, the below restrictions on Unlawful Use, Inappropriate Behavior & Language, and Targeted Abuse).
Handling Orders
When a Buyer orders a Service, the Seller is notified by email as well as notifications on the site while logged into the account.
Sellers are required to meet the delivery time they specified when creating their Service. Failing to do so will allow the Buyer to cancel the Order when an Order is marked as late and may harm the Seller's status.
Sellers must send completed files and/or proof of work using the Deliver Completed Work button (located on the Order page) to mark the Order as Delivered.
Users are responsible for scanning all transferred files for viruses and malware. HMP will not be held responsible for any damages which might occur due to site usage, use of content or files transferred.
Buyers may use the "Request Revisions" feature located on the Order Page while an Order is marked as Delivered if the delivered materials do not match the Seller's description on their Service page or they do not match the requirements sent to the Seller at the beginning of the order process.
Reviews
- Feedback reviews provided by Buyers while completing an Order are an essential part of HMP's rating system. Reviews demonstrate the Buyer's overall experience with the Sellers and their service. Buyers are encouraged to communicate to the Seller any concerns experienced during their active order in regards to the service provided by the Seller.
- Leaving a Buyer's feedback is a basic prerogative of a Buyer. Feedback reviews will not be removed unless there are clear violations of our Terms of Service and/or our Community Standards.
- To prevent any misuse of our Feedback system, all feedback reviews must come from legitimate servcice provided exclusively through the HMP platform from users within our Community. Purchases arranged, determined to artificially enhance Seller ratings, or to abuse the HMP platform with purchases from additional accounts, will result in a permanent suspension of all related accounts.
- Feedback comments given by Buyers are publicly displayed on a Seller’s Service page.
- Work Samples are the delivered images and videos sent to a Buyer in a delivery message. Work Samples are added to a Seller's Live Portfolio on their Service page if the Buyer chooses to publish the Work Sample while providing a public feedback review.
- Withholding the delivery of services, files, or information required to complete the service with the intent to gain favorable reviews or additional services is prohibited.
- Responding and posting a review: Once work is delivered, the Buyer has three days to respond. If no response is provided within the response period, the Order will be considered completed.
- Users are allowed to leave reviews on Orders up to 10 days after an Order is marked as complete. No new reviews may be added to an Order after 10 days.
- Sellers may not solicit the removal of feedback reviews from their Buyers through mutual cancellations.
- Once the Buyer submits his/her review, the Seller will receive a notification and will also have the opportunity to leave a review about working with the Buyer. Please Note: At this stage, Sellers cannot see the Buyer's review.
- Once both Seller and Buyer have completed their reviews, or the 10 days have passed, all posted reviews are made public.
- Responding to a review: Once both reviews from the Buyer and Seller have been published, the Seller can reply to the Buyer’s review from the Order page, seen on the Seller’s Service page, beneath the Buyer’s feedback.
- Feedback reviews are unavailable for orders made through the Logo Maker.
Disputes and Cancellations
We encourage our Buyers and Sellers to try and settle conflicts amongst themselves. If for any reason this fails after using the Resolution Center or if you encounter non-permitted usage on the Site, users can contact HMP's Customer Support department for assistance here. For more information about disputes, Order cancellations and refunds please refer to the Payment Terms.
We may use automated systems that analyze your uploaded Logo Design to help detect and prevent infringement or other illegal content.
User Conduct and Protection
HMP enables people around the world to create, share, sell and purchase nearly any service they need at an unbeatable value. Services offered on HMP reflect the diversity of an expanding Freelnce economy. Members of the HMP community communicate and engage through active orders, social media, and on HMP’s Community Forums.
HMP maintains a friendly, community spirited, and professional environment. Users should keep to that spirit while participating in any activity or extensions of HMP. This section relates to the expected conduct users should adhere to while interacting with each other on HMP.
To report a violation of our Terms of Service and/or our Community Standards, User Misconduct, or inquiries regarding your account, please contact our Customer Support team here.
Basics
To protect our users' privacy, user identities are kept anonymous. Requesting or providing Email addresses, Skype/IM/telegram usernames, telephone numbers, whatapp number or any other personal contact details to communicate outside of HMP in order to circumvent or abuse the HMP messaging system or HMP platform is not permitted.
Any necessary exchange of personal information required to continue a service may be exchanged within the Order Page.
HMP does not provide any guarantee of the level of service offered to Buyers. You may use the dispute resolution tools provided to you in the Order Page.
HMP does not provide protection for users who interact outside of the HMP platform.
All information and file exchanges must be performed exclusively on HMP's platform.
Rude, abusive, improper language, or violent messages will not be tolerated and may result in an account warning or the suspension/removal of your account.
HMP is open to everyone. You undertake not to discriminate against any other user based on gender, race, age, religious affiliation, sexual orientation or otherwise and you acknowledge that such discrimination may result in the suspension/removal of your account.
Users may not submit proposals or solicit parties introduced through HMP to contract, engage with, or pay outside of HMP.
Orders
Users with the intention to defame competing Sellers by ordering from competing services will have their reviews removed or further account status related actions determined by review by our Trust & Safety team.
Users are to refrain from spamming or soliciting previous Buyers or Sellers to pursue removing/modifying reviews or cancelling orders that do not align on Order Cancellation or Feedback policies.
Services
Users may report services created by freelancer to Customer Support that may be in violation of HMP's Terms of Service based on the reported Service's replicated similarity to pre-existing services (copycats).
Sellers warrant that any content included in their Services shall be original work conceived by the Sellers and shall not infringe any third party rights, including, without limitation, copyrights, trademarks or service marks. In the event that certain music or stock-footage media are incorporated within the Services, Sellers represent and warrant that they hold a valid license to use such music and/or footage and to include them in the Services.
HMP will respond to clear and complete notices of alleged copyright or trademark infringement. Our Intellectual Property claims procedures can be reviewed here.
Reporting Violations
If you come across any content that may violate our Terms of Service and/or our Community Standards, you should report it to us through the appropriate channels created to handle those issues as outlined in our Terms of Service. All cases are reviewed by our Trust & Safety team. To protect individual privacy, the results of the investigation are not shared. You can review our Privacy Policy for more information.
Violations
Users may receive a warning to their account for violations of our Terms of Service and/or our Community Standards or any user misconduct reported to our Trust and Safety team. A warning will be sent to the user's email address and will be displayed for such user on the Site. Warnings do not limit account activity, but can lead to your account losing Seller statuses or becoming permanently disabled based on the severity of the violation.
Non-Permitted Usage
- Adult Services & Pornography - HMP does not allow any exchange of adult oriented or pornographic materials and services.
- Inappropriate Behavior & Language - Communication on HMP should be friendly, constructive, and professional. HMP condemns bullying, harassment, and hate speech towards others. We allow users a medium for which messages are exchanged between individuals, a system to rate orders, and to engage on larger platforms such as our Community Forum and Social Media pages.
- Phishing and Spam - Members’ security is a top priority. Any attempts to publish or send malicious content with the intent to compromise another member’s account or computer environment is strictly prohibited. Please respect our members privacy by not contacting them with offers, questions, suggestions or anything which is not directly related to their Services or orders.
- Privacy & Identity - You may not publish or post other people's private and confidential information. Any exchange of personal information required for the completion of a service must be provided in the Order Page. Sellers further confirm that whatever information they receive from the Buyer, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the Buyer. Any users who engage and communicate off of HMP will not be protected by our Terms of Service.
- Authentic HMP Profile - You may not create a false identity on HMP, misrepresent your identity, create a HMP profile for anyone other than yourself (a real person), or use or attempt to use another user’s account or information; Your profile information, including your description, skills, location, etc., while may be kept anonymous, must be accurate and complete and may not be misleading, illegal, offensive or otherwise harmful. HMP reserves the right to require users to go through a verification process in order to use the Site (whether by using ID, phone, camera, etc.).
- Intellectual Property Claims - HMP will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s terms of service. Our Intellectual Property claims procedures can be reviewed here.
- Fraud / Unlawful Use - You may not use HMP for any unlawful purposes or to conduct illegal activities.
Abuse and Spam
1. Multiple Accounts - To prevent fraud and abuse, users are limited to one active HMP account and one active HMP Business account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the HMP community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations of HMP Terms of Service and/or our Community Standards is a cause for permanent suspension of all accounts.
2. Targeted Abuse - We do not tolerate users who engage in targeted abuse or harassment towards other users on HMP. This includes creating new multiple accounts to harass members through our message or ordering system.
3. Selling Accounts - You may not buy or sell HMP accounts.
Proprietary Restrictions
The Site, including its general layout, look and feel, design, information, content and other materials available thereon, is exclusively owned by HMP and protected by trademark, and other intellectual property laws. Hiremyprofile is registered trademarks owned exclusively by Preferred Outsourcing. Users have no right, and specifically agree not to do the following with respect to the Site or any part, component or extension of the Site (including its mobile applications):
- Copy, transfer, adapt, modify, distribute, transmit, display, create derivative works, publish or reproduce it, in any manner;
- Reverse assemble, decompile, reverse engineer or otherwise attempt to derive its source code, underlying ideas, algorithms, structure or organization;
- Remove any copyright notice, identification or any other proprietary notices;
- Use automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Site;
- Attempt to gain unauthorized access to, interfere with, damage or disrupt the Site or the computer systems or networks connected to the Site;
- Circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Site;
- Use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, “mines,” scrapes or otherwise accesses the Site to monitor, extract, copy or collect information or data from or through the Site, or engage in any manual process to do the same,
- Introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful into our systems,
- Use the Site in any manner that could damage, disable, overburden or impair the Site, or interfere with any other users’ enjoyment of the Site or
- Access or use the Site in any way not expressly permitted by these Terms of Service. Users also agree not to permit or authorize anyone else to do any of the foregoing.
Except for the limited right to use the Site according to these Terms of Service, HMP owns all right, title and interest in and to the Site (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We reserve all rights in connection with the Site and its content (other than UGC) including, without limitation, the exclusive right to create derivative works.
Feedback Rights
To the extent that you provide HMP with any comments, suggestions or other feedback regarding the HMP platform, you will be deemed to have granted HMP an exclusive, royalty-free, fully paid up, perpetual, irrevocable, worldwide ownership rights in the Feedback. HMP is under no obligation to implement any Feedback it may receive from users.
Confidentiality
Sellers should recognize that there might be a need for Buyers
to disclose certain confidential information to be used by Sellers for the purpose of delivering the
ordered work, and to protect such confidential information from unauthorized use and disclosure.
Therefore, Sellers agree to treat any information received from Buyers as highly sensitive, top
secret and classified material.
Without derogating from the generality of the above, Sellers specifically agree to
- Maintain all such information in strict confidence;
- Not disclose the information to any third parties;
- Not use the information for any purpose except for delivering the ordered work; and
- Not to copy or reproduce any of the information without the Buyer’s permission.
General Terms
HMP reserves the right to put any account on hold or permanently disable accounts due to breach of these Terms of Service and/or our Community Standards or due to any illegal or inappropriate use of the Site or services.
Violation of HMP's Terms of Service and/or our Community Standards may get your account disabled permanently.
Users with disabled accounts will not be able to sell or buy on HMP.
Users who have violated our Terms of Service and/or our Community Standards and had their account disabled may contact our Customer Support team for more information surrounding the violation and status of the account.
Users have the option to enable account Security features to protect their account from any unauthorized usage.
Users must be able to verify their account ownership through Customer Support by providing materials that prove ownership of that account.
Disputes should be handled using HMP's dispute resolution tools ('Resolution Center' on the order page) or by contacting HMP Customer Support.
HMP may make changes to its Terms of Service from time to time. When these changes are made, HMP will make a new copy of the terms of service available on this page.
You understand and agree that if you use HMP after the date on which the Terms of Service have changed, HMP will treat your use as acceptance of the updated Terms of Service.
User Generated Content
User Generated Content ("UGC") - refers to the content added
by users as opposed to content created by the Site.
All content uploaded to HMP by our users (Buyers and Sellers) is User Generated Content.
HMP does not check user uploaded/created content for appropriateness, violations of copyright,
trademarks, other rights or violations and the user uploading/creating such content shall be solely
responsible for it and the consequences of using, disclosing, storing, or transmitting it.
By uploading to, or creating content on, the HMP platform, you represent and warrant that you
own or have obtained all rights, licenses, consents, permissions, power and/or authority, necessary
to use and/or upload such content and that such content or the use thereof in the Site does not and
shall not
- Infringe or violate any intellectual property, proprietary or privacy, data protection or publicity rights of any third party;
- Violate any applicable local, state, federal and international laws, regulations and conventions; and/or
- Violate any of your or third party’s policies and/or terms of service.
We invite everyone to report violations together with proof of ownership as appropriate.
Reported violating content may be removed or disabled.
Furthermore, HMP is not responsible for the content, quality or the level of service provided by the Sellers (even if they are Pro Sellers, Top Rated Sellers, offer Promoted Services or otherwise). We provide no warranty with respect to the Services, their delivery, any communications between Buyers and Sellers. We encourage users to take advantage of our rating system, our community and common sense in choosing appropriate services.
By offering a service, the Seller undertakes that he/she has sufficient permissions, rights and/or licenses to provide, sell or resell the service that is offered on HMP. Sellers advertising online their services must comply with laws and terms of service of the advertising platform or relevant website used to advertise. Failing to do so may result in removal of the Service and may lead to the suspension of Seller's account.
For specific terms related to Intellectual Property rights and for reporting claims of copyright infringement (DMCA notices) or trademark infringement - please see our Intellectual Property Claims Policy which forms an integral part of these Terms of Service. Note that it is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
Ownership
Ownership and limitations:
- When purchasing a Service on HMP, unless clearly stated otherwise on the Seller's Service page/description, when the work is delivered, and subject to payment, the Buyer is granted all intellectual property rights, including but not limited to, copyright in the work delivered from the Seller, and the Seller waives any and all moral rights therein.
- Accordingly, the Seller expressly assigns to the Buyer the copyright in the delivered work.
- All transfer and assignment of intellectual property to the Buyer shall be subject to full payment for the Service, and the delivery may not be used if payment is cancelled for any reason.
- For removal of doubt, in custom created work (such as art work, design work, report generation etc.), the delivered work and its copyright shall be the exclusive property of the Buyer and, upon delivery, the Seller agrees that it thereby, pursuant to these Terms of Service, assigns all right, title and interest in and to the delivered work to the Buyer.
- Some Services (including for custom created work) charge additional payments (through Service Extras) for a Commercial Use License. This means that if you purchase the Service for personal use, you will own all rights you require for such use, and will not need the Commercial Use License.
- If you intend to use it for any charge or other consideration, or for any purpose that is directly or indirectly in connection with any business, or other undertaking intended for profit, you will need to buy the Commercial Use License through a Service Extra and will have broader rights that cover your business use.
For Voice Over Services
- When the work is delivered, and subject to payment, the Buyer is purchasing basic rights, (which means the Buyer is paying a one time fee allowing them to use the work forever and for any purpose except for commercials, radio, television and internet commercial spots).
- If you intend to use the Voice Over to promote a product and/or service (with the exception of paid marketing channels), you will need to purchase the Commercial Rights (Buy-Out) through Service Extra.
- If you intend to use the Voice Over in radio, television and internet commercials, you will need to purchase the Full Broadcast Rights (Buy-Out) through Service Extra.
- For further information on the type of buy-outs, please read below.
Furthermore, users (both Buyers and Sellers) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to HMP, including Service texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by HMP for no consideration for marketing and/or other purposes.
Voice Over Commercial Buy-Out
When purchasing a Voice Over Service, the Seller grants you a perpetual, exclusive, non-transferable, worldwide license to use the purchased Voice Over (except for commercials, radio, television and internet commercial spots).
"Upgrade to a ""Commercial Rights Buy-Out"" with your order and use the Voice Over in any way to promote your business, create internal training materials, or use it in non-broadcast projects!
Here's what you can do with a Commercial Rights Buy-Out:
- Promote your business: Use the Voice Over in explainer videos on your website, social media, or email campaigns.
- Create internal content: Use it in audiobooks, podcast intros, or training videos for your employees.
What's not allowed?
- Using the Voice Over in anything illegal, immoral, or damaging to someone's reputation.
- Using it in paid marketing channels (like TV commercials or paid online ads)."
- By purchasing a Full Broadcast Rights (Buy-Out) with your order, in addition to the Commercial Rights, the Seller grants you with a license for full broadcasting, which includes internet, radio, and TV "paid channels" including (by way of example): television commercials, radio commercials, internet radio, and music/video streaming platforms, and strictly excludes any illegal, immoral or defamatory purpose.
This Buy-Out is subject to HMP's Terms of Service.
- There is no warranty, express or implied, with the purchase of this delivery, including with respect to fitness for a particular purpose.
- Neither the Seller nor HMP will be liable for any claims, or incidental, consequential or other damages arising out of this license, the delivery or your use of the delivery.
Service Commercial Use License
"By purchasing a ""Commercial Use License"" with your order, you gain the exclusive right to use the delivered work for any business purpose you like, forever and anywhere in the world. This includes using it in your advertising, promotions, website, product, software, or any other business tool.
Here's what's NOT included: Using the work for anything illegal, immoral, or harmful to someone's reputation.
Important Notes:
- I (the Seller) still own the original work, even though you have a license to use it.
- This license follows the rules outlined in HMP's Terms of Service.
- There are no guarantees that the work will be perfect for your specific needs, and neither I nor HMP are responsible for any issues that arise from your use of the work."
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 ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
- NEITHER HMP NOR ANY PERSON ASSOCIATED WITH HMP MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE.
- THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Machine Translation
- Certain user-generated content on the Site has been translated for your convenience using translation software powered by Google Translate.
- Reasonable efforts have been made to provide an accurate translation, however, no automated translation is perfect nor is it intended to replace human translators.
- Such translations are provided as a service to users of the Site, and are provided "as is".
- No warranty of any kind, either expressed or implied, is made as to the accuracy, reliability, or correctness of such translations made from English into any other language.
- Some user-generated content (such as images, videos, Flash, etc.) may not be accurately translated or translated at all due to the limitations of the translation software.
- The official text is the English version of the Site.
- Any discrepancies or differences created in the translation are not binding and have no legal effect for compliance or enforcement purposes.
If any questions arise related to the accuracy of the information contained in the translated content, please refer to the English version of the content which is the official version.
Limitation on Liability
IN NO EVENT WILL HMP, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
