Skouter’s Terms of Service
Last Update: September 2020
Welcome to Skouter.in.
The following terms of service (these “Terms of Service”), govern your access to and use of the Skouter website, including any content, functionality and services offered on or through www.Skouter.in (the “Site”) by Skouter LLP (gagan Apartments, Gokuldham, Goregaon East, Mumbai, India) referred hereto as “Skouter” “we” or “us”.
This Site is offered and available to users who are 18 years of age or older. If you are under 18 you may not use this Site or the Skouter services. By using this Site, you represent and warrant that you are of legal age to form a binding contract and 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. Skouter makes available this translation for convenience only. In case of conflicts between the original English version and any translation, the English version shall prevail.
Buyers are users who purchase services of Freelancers or Sellers on Skouter.
Business Account is a collaborative Buyer account, created via Skouter Business, as detailed on Skouter Business Terms of Service (available here).
Business Account Team Member or Team Member is any user that is invited or uses a Business Account.
Custom Offers are exclusive proposals that a Seller can create in response to specific requirements of a Buyer.
Custom Orders are requests made by a Buyer to receive a Custom Offer from a Seller.
Project Extras are additional services offered on top of the Seller’s Project for an additional price defined by the Seller.
Project Packages allow Sellers to offer services in different formats and prices. Packages can include upgrades, which lets Sellers price their service for a basic price.
Project Page is where the Buyer can describe their Project and the Project’s terms, and the Seller can Bid for the Project and Buyer can create an order.
Project / Projects are requirements posted on Skouter by Buyers.
Logo Design is an original design for a logo uploaded by a Seller through the Skouter Logo Maker.
Logo Maker is the automated logo design tool offered by Skouter to users as further explained in these Terms of Service.
Order Page is where Buyers and Sellers communicate with each other in connection with an ordered Project.
Orders are the formal agreement between a Buyer and Seller after a purchase was made from the Buyer’s Project Page.
Sellers are users who offer and perform services through Projects or through the Logo Maker on Skouter.
Overview (Main terms, in a nutshell)
- Only registered users may buy and sell on Skouter. Registration is free.
- Projects on Skouter may be offered at a base starting price of INR1000. Some Projects are offered at a base price of more than INR 1000 as determined by the Seller.
- Buyers pay Skouter in advance to create an order (see Payment Terms).
- Orders are purchased through the Order button found on a Seller’s Project page or through a Custom Offer.
- 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 Project Extras, or selling their Project in multiples.
- Users may not offer or accept payments using any method other than placing an order through Skouter.in.
- When purchasing a Project, Buyers are granted all rights for the delivered work, unless otherwise specified by the Seller on their Project page. Note: some Projects charge additional payments (through Project Extras) for Commercial Use License. See our “Ownership” and “Commercial Use License” sections below for more information.
- Skouter retains the right to use all published delivered works for Skouter marketing and promotion purposes.
- Users undertake to comply with Skouter’s Community Standards, which are a set of behavior rules and guidelines, applicable to the Skouter community and marketplace in addition to these Terms of Service, as updated from time to time.
- Skouter offers its users the Logo Maker, which allows certain Sellers to offer various original logo designs for Buyers to adjust and customize per their own specific needs, using special automated design tools. Through the Logo Maker, Buyers purchase full commercial use rights to the Logo Design embedded with their brand name.
- Sellers create Projects on Skouter to allow Buyers to purchase their services.
- Sellers may also offer Custom Offers to Buyers in addition to their Projects.
- Each Project you sell and successfully complete, accredits your account with a net revenue of 80% of the purchase amount.
- Skouter accredits Sellers once an order is completed. See our “Orders” section below for a definition of a completed order.
- For more information about receiving payments, fees and taxes see the Payment Terms.
- Sellers may not promote their Projects or any Skouter content via the Google Ads platform.
- The Seller’s rating is calculated based on the order reviews posted by Buyers or Business Account Team Members. 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, Skouter 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 Skouter accounts to a single withdrawal provider.
- Sellers are responsible for obtaining a general liability insurance policy with coverage amounts that are sufficient to cover all risks associated with the performance of their services.
- Buyers are allowed to post any number of active Projects
- Projects created on Skouter are User Generated Content.
- Projects and/or users may be removed by Skouter 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 Projects
- Spam, nonsense, or violent or deceptive Projects
- Projects misleading to Buyers or others
- Reselling of regulated goods
- Offering to prepare academic works on behalf of Buyers
- Services that extend beyond 30 days of service duration
- Exceedingly low quality Projects
- Promoting Skouter and/or Skouter Projects 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.
Projects that are removed for violations mentioned above, may result in the suspension of the Seller’s account.
Projects that are removed for violations are not eligible to be restored or edited.
Projects may be removed from our Search feature due to poor performance and/or user misconduct.
Projects may include pre-approved website URLs contained within the Project description and requirements box. Projects containing websites promoting content, which violates Skouter’s Terms of Service and/or our Community Standards, will be removed.
Projects are required to have an appropriate Project image related to the service offered. An option to upload two additional Project images are available to all Sellers. Sellers must deliver the same quality of service as shown on their Project images. Recurring deliveries that don’t match the quality shown on the Project images may lead to the Seller’s account losing Seller status or becoming permanently disabled.
Projects may contain an approved Project Video uploaded through the Project management tools available on Skouter.
Statements on the Project Page that undermine or circumvent these Terms of Service is prohibited.
Eligible Projects in select Categories may set up Project Packages to offer their services in structured formats with multiple price points for the selected Project.
Certain categories are available only to Pro Sellers to create Projects. If you are not a Pro Seller, creating a Project for services available to Pro only may result in removal of your Project.
- Project Extras are additional services offered on top of the Seller’s Project for an additional price defined by the Seller.
- Project Extras may be removed for violations of our Terms of Service and/or our Community Standards. For specific terms, please see the Projects section above for a list of services that violate our Terms of Service. Projects are subject to be removed due to violations found in Project Extras.
- The amount of Project Extras, which can be offered, and the price for each Project Extra, is based on your Seller Level. More information surrounding your accounts eligibility for Project Extras can be found here.
- Services offered through Project Extras must be related to the base service and part of the deliverables on the Order.
- Project 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 Project Extra that is added to the Order. This is to cover the time needed to complete the extra service.
Top Rated Sellers
Top Rated Sellers are chosen manually by Skouter editors through an ongoing review process based on seniority, volume of sales, extremely high ratings, exceptional customer care, high order completion rate and community leadership. Top Rated Sellers gain access to more extensive features than previous levels, including exclusive access to beta features and VIP support.
Top Rated eligibility is constantly evaluated by Skouter to ensure that the quality standards and expectations of the Top Rated selection is kept. Skouter retains the right to change a Top Rated Seller status in light of such evaluation. In addition, Top Rated 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 Top Rated status and the benefits that come with it.
Pro Sellers are pre-verified professionals who undergo a vetting process by Skouter editors. Applying for Skouter Pro is open to everyone: professional freelancers who are new to Skouter, as well as existing Skouter Sellers.
Pro Sellers eligibility is constantly evaluated by Skouter to ensure that the quality standards and expectations of the Pro Seller selection is kept. Skouter retains the right to change a Pro Seller status in light of such evaluation. In addition, Pro 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, also risk losing their Pro status and the benefits that come with it.
Skouter Business Catalog
Skouter Business is a freelance platform tailor-made for larger teams and businesses. Sellers on the Skouter Business catalog are required to comply with certain professional standards. Eligible Sellers whose Projects are included in the Skouter Business catalog will be regularly evaluated by Skouter to ensure their high-quality professionalism is kept. Skouter reserves the right to remove Sellers and Projects from the Skouter Business catalog.
Skouter Sellers have access to several exclusive features that help customize the way their services can be offered.
- Sellers can also send Custom Offers addressing specific requirements of a Buyer.
- Custom Offers are defined by the Seller with the exact description of the service, the price and the time expected to deliver the service.
- Custom Offers are sent from the conversation page.
- Services provided through Custom Offers may not violate Skouter’s Terms of Service and/or our Community Standards.
- Custom Offers above INR100000 may include up to three project milestones. Each milestone is paid and delivered separately in accordance with each Custom Offer’s description and timelines.
- A milestone is marked as Complete after it is delivered by the Seller and then accepted by the Buyer. A milestone will be automatically marked as complete if no acceptance or request for modification were submitted within 8 days after marked as Delivered, however, in such case the Order will be stopped and all further milestones will be cancelled.
- Once a milestone is delivered, Buyers may choose to either continue with the Order and pay for the next milestone, or to stop the Order. Please note that if you choose to stop the Order, the current delivered milestone will not be cancelled.
- You may not offer direct payments to Sellers using payment systems outside of the Skouter platform.
- Skouter retains the right to use all publicly published delivered works for Skouter marketing and promotional purposes.
- Buyers may request a specific service from the Post a Request feature. Services requested on Skouter must be an allowed service on Skouter. Please click here for guidelines on approved services. Users should refrain from using the Post a Request feature for any purpose other than looking for services on Skouter.
- Please refer to the Payment Terms for making Payments through the Skouter 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 Offer from Sellers through the site or through Skouter Anywhere.
- You may not offer Sellers to pay, or make payment using any method other than through the Skouter.in site. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support here.
- Once payment is confirmed, your order will be created and given a unique Skouter order number (#FO).
- 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 on their Project.
- 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 Skouter’s Customer Support department for assistance here. For more information about disputes, Order cancellations and refunds please refer to the Payment Terms.
- Orders through the Logo Maker are completed once payment is made by the Buyer.
- When a Buyer orders a Project, 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 Projects. 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. Skouter 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 Project page or they do not match the requirements sent to the Seller at the beginning of the order process.
- Feedback reviews provided by Buyers while completing an Order are an essential part of Skouter’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 sales executed exclusively through the Skouter platform from users within our Community. Purchases arranged, determined to artificially enhance Seller ratings, or to abuse the Skouter 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 Project 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 Project 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 Project’s 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.
- 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 Skouter’s Customer Support department for assistance here. For more information about disputes, Order cancellations and refunds please refer to the Payment Terms.
User Conduct and Protection
- Skouter enables people around the world to create, share, sell and purchase nearly any service they need at an unbeatable value. Services offered on Skouter reflect the diversity of an expanding Project economy. Members of the Skouter community communicate and engage through orders, social media, and on Skouter’s Community Forums.
- Skouter maintains a friendly, community spirited, and professional environment. Users should keep to that spirit while participating in any activity or extensions of Skouter. This section relates to the expected conduct users should adhere to while interacting with each other on Skouter.
- 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.
- To protect our users’ privacy, user identities are kept anonymous. Requesting or providing Email addresses, Skype/IM usernames, telephone numbers or any other personal contact details to communicate outside of Skouter in order to circumvent or abuse the Skouter messaging system or Skouter platform is not permitted.
- Any necessary exchange of personal information required to continue a service may be exchanged within the Order Page.
- Skouter 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.
- Skouter does not provide protection for users who interact outside of the Skouter platform.
- All information and file exchanges must be performed exclusively on Skouter’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.
- Skouter is open to everyone. Discrimination against a community member based on gender, race, age, religious affiliation, sexual preference or otherwise is not acceptable and may result in the suspension/removal of your account.
- Users may not submit proposals or solicit parties introduced through Skouter to contract, engage with, or pay outside of Skouter.
- 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.
- Users may report Projects to Customer Support that may be in violation of Skouter’s Terms of Service based on the reported Project’s replicated similarity to pre-existing services (copycat Projects).
- Sellers warrant that any content included in their Projects 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 Projects, Sellers represent and warrant that they hold a valid license to use such music and/or footage and to include them in the Projects.
- Skouter will respond to clear and complete notices of alleged copyright or trademark infringement. Our Intellectual Property claims procedures can be reviewed here.
- 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.
- Adult Services & Pornography – Skouter does not allow any exchange of adult oriented or pornographic materials and services.
- Inappropriate Behavior & Language – Communication on Skouter should be friendly, constructive, and professional. Skouter 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 Projects 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 Skouter will not be protected by our Terms of Service.
- Authentic Skouter Profile – You may not create a false identity on Skouter, misrepresent your identity, create a Skouter 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. Skouter 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 – Skouter 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 Skouter for any unlawful purposes or to conduct illegal activities.
Abuse and Spam
- Multiple Accounts – To prevent fraud and abuse, users are limited to one active account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the Skouter community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations of Skouter’s Terms of Service and/or our Community Standards is a cause for permanent suspension of all accounts.
- Targeted Abuse – We do not tolerate users who engage in targeted abuse or harassment towards other users on Skouter. This includes creating new multiple accounts to harass members through our message or ordering system.
- Selling Accounts – You may not buy or sell Skouter accounts.
- The Site, including its general layout, design and content, is exclusively owned by Skouter and protected by copyright and trademark law. Skouter, Project and Projects are all registered trademarks owned exclusively by Skouter. 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): (i) copy, transfer, adapt, modify, distribute or reproduce it, in any manner; (ii) reverse assemble, decompile, reverse engineer or otherwise attempt to derive its source code, underlying ideas, algorithms, structure or organization; (iii) modify or create derivative works; (iv) remove any copyright notice, identification or any other proprietary notices, or; (v) 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. Users also agree not to permit or authorize anyone else to do any of the foregoing.
- To the extent that you provide Skouter with any comments, suggestions or other feedback regarding the Skouter platform or the Site as a whole, as well as other Skouter products or services (collective, the “Feedback”), you will be deemed to have granted Skouter an exclusive, royalty-free, fully paid up, perpetual, irrevocable, worldwide ownership rights in the Feedback. Skouter is under no obligation to implement any Feedback it may receive from users.
- 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 (i) maintain all such information in strict confidence; (ii) not disclose the information to any third parties; (iii) not use the information for any purpose except for delivering the ordered work; and (vi) not to copy or reproduce any of the information without the Buyer’s permission.
- Skouter 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 Skouter’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 Skouter.
- 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 Skouter’s dispute resolution tools (‘Resolution Center’ on the order page) or by contacting Skouter Customer Support.
- Skouter may make changes to its Terms of Service from time to time. When these changes are made, Skouter will make a new copy of the terms of service available on this page.
- You understand and agree that if you use Skouter after the date on which the Terms of Service have changed, Skouter 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 Skouter by our users (Buyers and Sellers) is User Generated Content. Skouter 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 Skouter 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 (a) infringe or violate any intellectual property, proprietary or privacy, data protection or publicity rights of any third party; (b) violate any applicable local, state, federal and international laws, regulations and conventions; and/or (c) 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, Skouter 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 Projects or otherwise). We provide no warranty with respect to the Projects, their delivery, any communications between Buyers and Sellers, and the Logo Designs created through the Logo Maker. 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 Skouter. Sellers advertising online their Project or Logo Design created through the Logo Maker 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 Project or Logo Design from the Logo Maker, as applicable, 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 and limitations: When purchasing a Project on Skouter, unless clearly stated otherwise on the Seller’s Project page/description, when the work is delivered, and subject to payment, the Buyer is granted all intellectual property rights, including but not limited to, copyrights for the work delivered from the Seller, and the Seller waives any and all moral rights therein. The delivered work shall be considered work-for-hire under the U.S. Copyright Act. In the event the delivered work does not meet the requirements of work-for-hire or when US Copyright Act does not apply, the Seller expressly agrees to assign to Buyer the copyright in the delivered work. All transfer and assignment of intellectual property to Buyer shall be subject to full payment for the Project 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 shall be the exclusive property of Buyer, and Seller assigns all rights, title and interest in the delivered work. Some Projects (including for custom created work) charge additional payments (through Project Extras) for a Commercial Use License. This means that if you purchase the Project 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 Project Extra and will have broader rights that cover your business use.
- For Voice Over Projects, 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 Project 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 Project 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 Skouter, including Project texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by Skouter for no consideration for marketing and/or other purposes.
Voice Over Commercial Buy-Out
- When purchasing a Voice Over Project, 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).
- By purchasing a Commercial Rights (Buy-Out) with your order, in addition to the basic rights, the Seller grants you with a license to use the Voice Over for any corporate, promotional and non-broadcast purposes. Corporate, promotional and non-broadcast purposes means any business related use for the creation of, or to promote a for-product profit or service (with the exception of paid marketing channels), such as (by way of example): explainer videos posted to company websites, social networks or email campaigns, audiobooks, podcast intros, and strictly excludes any illegal, immoral or defamatory purpose.
- 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 Skouter’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 Skouter 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.
Project Commercial Use License
- By purchasing a “Commercial Use License” with your Project Order, the Seller grants you a perpetual, exclusive, non-transferable, worldwide license to use the purchased delivery for Permitted Commercial Purposes. For the avoidance of doubt, the Seller retains all ownership rights. “Permitted Commercial Purposes” means any business related use, such as (by way of example) advertising, promotion, creating web pages, integration into product, software or other business related tools etc., and strictly excludes any illegal, immoral or defamatory purpose. This License is subject to Skouter’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 Skouter 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.
Disclaimer of Warranties
YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER SKOUTER NOR ANY PERSON ASSOCIATED WITH SKOUTER MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
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Limitation on Liability
IN NO EVENT WILL SKOUTER, 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 WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE 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.
The term “Affiliate” referred to herein, is an entity that, directly or indirectly, controls, or is under the control of, or is under common control with Skouter, where control means having more than fifty percent (50%) voting stock or other ownership interest or the majority of voting rights of such entity.