Please read these terms carefully before using this serviceLast updated: 14/12/2012
ContentForest is an online platform made available by 88 Projects Ltd. (“88 Projects”) to bring together Producers who produce the content (“Content Services”) and Buyers who require such content to publish. The Services are available through the website http://www.contentforest.com and other sites (hereinafter referred to as “Site”) which provide links to ContentForest. Various services provided by ContentForest are subject to the following Terms of Service (the "Terms").
The Services are provided by ContentForest (“ContentForest”, “us” or “we”) as a service to its customers (“Users”). By using this site, you (“you”, “user”) agree to follow and are bound by the following terms and conditions that we have provided. If you do not agree to them, do not use the site and do not proceed to register. Your use of the Site constitutes your agreement to all such Terms.
The following Terms govern your access to the site and use of the Service. This Service is offered to you conditioned on your acceptance, without modification, of the terms, conditions, and notices contained in this agreement and any operating rules, policies, and procedures that may be published from time to time on the “Site” by 88 Projects Ltd. on ContentForest website (online platform).
“User” means any person who makes use of the Site on his or her own behalf, or is authorized to use the site on behalf of a company or organization.
“Account” means the ContentForest Account opened when you register as a User of the Site’s Services.
“Producer” means a User that offers and delivers services through the Site.
“Buyer” means purchaser of Content Services.
"Content" means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
“Job” means the request submitted by a Buyer to ContentForest seeking Content Services.
“Site” means the domain, and all sub-domains, of ContentForest.com
“Submission” means any and all content developed by Producer in carrying out Content Services as required to complete the Job and delivered.
“Third-Party Services” means all services that are accessible through the Site and delivered by third parties. The term Third-Party Services does not include ContentForest services or Content Services.
“Producer Contract” shall have the meaning given to it below.
“Visitor” means a person who visits the Site, but does not use site services.
88 Projects makes the Site available as a service to assist individuals or entities seeking content works to receive and pay for content submissions accepted by them. The Site is useful to both Buyers and Producers.
Buyers: Post Jobs, receive content ideas from producers, identify content Producers suitable to their content needs/Jobs, assign jobs to suitable Producers selected by, and pay ContentForest for content provided by Providers.
Producers: Search through Jobs, search through Buyers and pitch content ideas, enter into contract to prepare and submit content works in connection with particular Jobs, and receive compensation for Submissions through ContentForest.
Commission: ContentForest charges a commission of 20 percent on Producer’s contracted fee, payable by the Buyer.
The job contract shall be between Buyer and Producer. Upon receiving an offer to contract for a Job and Producer’s acceptance of a Job including time of delivery, the Content Services are provided in accordance with the following agreements (collectively, the “Producer Contract”): (1) the Terms of Service set forth herein; (2) the Job terms as awarded and accepted on the Site; and (3) Content Services Agreement.
2.1 88 Projects/ContentForest shall not be responsible for payment of any income tax, VAT, payroll tax, payroll withholding and sales tax on behalf of Producers or Buyers. All taxes payable by the Producers or Buyers, governmental reporting and other legal requirements under applicable law, and all other requirements applicable to the purchase and sale of services from and by Producers shall be the responsibility of the respective Producers and Buyers. Buyer and Producer agree to indemnify 88 Projects/ContentForest for any taxes or penalties imposed on 88 Projects/ContentForest by virtue of the purchase and sale of services between them on this Site.
2.2 Producers acknowledge that they are independent contractors. This Agreement does not create an employee-employer relationship between Producers and Buyer/ContentForest. Producers are not entitled to any benefits available to Buyer/ContentForest employees, including, but not limited to, medical, unemployment, vacation and pension benefits.
3.1 ContentForest collects information from Users when registering and categorizes them based on User’s profiles.
3.2 When a Buyer posts a Job on the Site, Producers make their offers for undertaking the job. Buyer evaluates: (i) a Producer’s background, expertise and experience; (ii) a Producer’s past performance in connection with similar Jobs completed earlier; (iii) compensation expected by the Producer; and (iv) any other elements that may be relevant to a particular Job. Once the Buyer is satisfied about the capability of Producer to complete the job satisfactorily, Producer is engaged by the Buyer for performance of the Job. Producer will be paid only on confirmation from the Buyer about the quality of work, satisfactory completion of the work and its acceptance by the Buyer. ContentForest will not release any payment to the Producer for rejected works.
3.3 Buyer agrees and acknowledges that ContentForest shall not be liable, under any circumstances, to any other party, including Buyer, for direct, indirect, incidental, consequential, special or exemplary damages arising from or concerning any Submission made by the Producer.
The ContentForest Billing and Payment Service (“Payment Service”) enables Producers to enter payment information and make a Submission and enables Buyers to make payments for Content Services.
4.1 Payment Service
As a service to its account holders, ContentForest holds funds temporarily in its payment service account. The funds are not eligible for any interest. ContentForest may earn and retain interest on those funds, or may receive a reduction in fees or expenses charged for banking services or other compensation in respect of any balances in Accounts. By accepting Submissions as a Buyer and sending payments through the Payment Service or adding funds to your Account, you appoint ContentForest as your agent to obtain the funds on your behalf and to transfer the funds to the recipient that you designate, subject to the terms and conditions of this agreement.
4.2 Buyer’s Payment
When a Buyer assigns a work to a Producer, Buyer should have/deposit the required amount of money in its account with ContentForest. The Buyer agrees to pay the contracted amount to the Producer on satisfactory completion of the accepted job by the Producer. The money is automatically deducted from the Buyer’s account once the job is approved, and transferred to Producer’s account.
4.3 Authorized Payments
Your use of the Payment Service constitutes your agreement to pay for any amounts that you authorize us to charge against your PayPal Account. Authorized Payments cannot be reverted. ContentForest pays the PaypPal service fees of percent per transaction.
ContentForest reserves the right to seek reimbursement from you if it discovers erroneous or duplicate transactions, or receives a charge back from any Buyer's Credit Card Company, bank, or PayPal for any reason, and you agree to reimburse ContentForest. You agree that ContentForest has the right to obtain such reimbursement by charging your Account, deducting amounts from future payments or withdrawals, charging your credit card, or obtaining reimbursement from you by any other lawful means. Failure to pay for reimbursements of charge backs will result in termination of your Account.
The Payment Service operates in US Dollars and therefore ContentForest is not responsible for currency exchange fluctuations that occur when transacting in a currency other than USD.
4.6 Withdrawal of Funds
Producer can withdraw the available funds in his account, to his/her Paypal account. The payment will be made to the Producer’s PayPal Account, which is set by default to the email address used by the Producer to register his or her ContentForest Account.The PayPal Account may be changed at any time in the Producer’s Account.
Notwithstanding any other provision of these Terms of Service, if ContentForest determines in its sole discretion that a Buyer or Producer has violated the conditions and restrictions of the Site or Terms of Service, ContentForest has the right to refuse to process the withdrawal.
4.7 Hold on Account Funds
ContentForest reserves the right, at its sole discretion, to place a hold on funds for Buyer payments to clear, or if ContentForest suspects monies may be subject to dispute or charge back or if fraud is suspected. ContentForest will release a hold as soon as practical.
4.8 Payment for Services
If, for any reason, ContentForest does not receive payment for any amounts that you have authorized to be paid through your use of the Payment Service, you agree to pay such amount immediately upon demand by ContentForest unless you have raised a dispute with the Producer. If you authorize any payment but do not deposit funds for payment, you also agree to pay any interest charges, attorneys’ fees and other costs of collection incurred by ContentForest in collecting from you the authorized but unpaid amount. In such case, ContentForest may, at its option, stop processing any further payments made by you and apply any amounts then held by ContentForest on your behalf toward any deficiencies, losses or costs that we have incurred as a result of your use of the Payment Service or other ContentForest services.
Buyers: By using the Site, you agree to use exclusively ContentForest Payment Services to make all payments to Producers who work for you, through the Site. You acknowledge that ContentForest earns its fees through transactions that take place on the Site. You agree not to take any action directly or indirectly to circumvent these fees. If a Producer solicits payment from you outside the Site, you agree to notify ContentForest immediately.
Producers: By using the Site, you agree to use ContentForest to receive all payments from Buyers whom you contact through the site and work. You acknowledge that ContentForest earns its fees through transactions that take place on the Site. You agree not to take any action directly or indirectly to circumvent these fees. You also agree to notify ContentForest immediately if a Buyer seeks to pay you outside the Site.
You agree and confirm that you are a legal entity or an individual thirteen (13) years of age or older. Any registration by, use of, or access to the Site by anyone under the age of 13 is unauthorized, unlicensed, and in violation of these Terms of Service. By using the Site, you represent and warrant (as an individual) that you are 13 or older, and further, that you agree to abide by all of the terms and conditions of this Agreement. If you are under 18, you affirm that you are either an emancipated minor or possess legal parental or guardian consent to access and use the Site. ContentForest may terminate your Account, Job, and any content or information that you have posted on the Site and/or prohibit your access to the Site for any reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are below 13 years of age.
When you register for an Account with ContentForest, you accept all of the terms and conditions of this Agreement including but not limited to, you agree to: (a) abide by this Agreement and the processes, procedures, and guidelines described throughout the Site; (b) be financially responsible for your use of the Site and the purchase or delivery of Content Services; and (c) perform your obligations as specified by any Producer Contract that you accept, unless such obligations are prohibited by law or by this Agreement. ContentForest reserves the right in its sole discretion to refuse, suspend, or terminate service to anyone with or without cause.
To access services through our Site you must register as a User and have an Account. When you register, you agree to provide true, accurate and complete information. You agree to update this information as and when changes occur. You can create as many Buyer and Producer profiles. The profiles are activated automatically and do not need our approval. However, we will try our best to moderate them and make sure there are no spam profiles.
Each User represents, warrants, and agrees to grant access to the Account only to Users authorized to act on behalf of the User and only in accordance with this Agreement. The User agrees to be fully responsible and liable for any action using User’s Account.
Your ContentForest Account (including feedback) and Username are not transferable, and any transfer or attempted transfer to another party is null and void.
7.1 Inactive Accounts
If your Account has a balance, but has not been used for any activity for at least six (6) consecutive months, your Account will be categorized as “Inactive”. ContentForest will notify you that your Account is Inactive by sending an email to your registered email address and give you the option of keeping your Account open and maintaining the balance, or withdrawing the balance and closing the account. If no activity takes place within thirty (30) days of such notice, ContentForest will automatically deduct an Inactive Account Fee of $100 USD per month, or the entire balance of your Account if such balance is less than $100 USD, to recover administrative costs of maintaining the account. ContentForest will cease such deductions if the account becomes active subsequently.
7.2 Usernames and Passwords
When a User registers an Account, the User will be asked to choose a Username and password for the Account. As a User, you agree and you are entirely responsible to safeguard and maintain the confidentiality of the Username and password you use to access this Site. ContentForest will assume that any person using the Site with your Username and password is authorized to act on your behalf.
The following are prohibited activities, which could lead to the termination of a User account:
License, sublicense, sell, resell, transfer, reproduce, duplicate or exploit any portion of the Services in any way;
Modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service;
Upload invalid data, viruses, worms, Trojan horses, or other harmful or disruptive codes, components, devices, or software agents through the Services;
Impersonate another person or otherwise misrepresent your affiliation with a person or entity, conducts fraud, hide or attempt to hide your identity, or misrepresent the source or content of information transmitted through the Services;
Transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers, or spamming;
Use the Services in any unlawful manner or in any other manner that could damage, disable, overburden or impair the site or all or any portion of the Services;
Distribute or facilitate distribution of any content, including but not limited to text, communications, software, images, sounds, data, or other information that: (a) is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another's privacy, tortuous, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates Contract & Go's rules or policies; (b) victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
Contact a User for any purpose other than asking a question related to the work;
Conduct any transaction independent of the site to avoid payment of fee;
Use of bots, crawlers, or spiders, or other methods, to collect information from the site;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site and Services.
You are solely responsible for your interactions with other Users. ContentForest reserves the right, but shall have no obligation, to monitor disputes between you and other Users.
Some areas of the Site may allow Users to post feedback, comments, questions, and other information (“User Content”). You acknowledge and agree that you are solely responsible for all the Content that you upload and make available through the Site. You represent and warrant that: (a) you either are the owner of all User Content that you make available through the Site or you have all rights, licenses, consents that are necessary to grant to ContentForest the rights in such User Content; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of such content or ContentForest's use of the your Content does not infringe or violate any third party's patent, copyright, trademark, trade secret or any other proprietary or intellectual property rights, or result in the violation of any applicable law or regulation.
ContentForest, in our sole discretion, permit Users to post, upload, publish, submit or transmit User Content. ContentForest neither monitors the content posted on the site nor takes any responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends using this Site. You retain all your ownership rights in your User Content except ownership for Content Services, which is governed by the Producer Contract. By making available any User Content on or through the Site, you hereby grant to ContentForest a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content only on, through, or by means of the Site and Services. ContentForest does not claim any ownership rights in any such User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content. ContentForest reserves the right, but is not obligated, to reject and/or remove any User Content that ContentForest believes, in its sole discretion, violates these provisions.
The above licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete your User Content from the Site. You understand and agree, however, that ContentForest may retain, but not display, distribute, or perform, server copies of User Content that have been removed or deleted. The above licenses granted by you in User Content for which the Site does not provide you a means to delete or remove are perpetual and irrevocable.
Users are responsible for creation, storage, and backup of your business records and User Content. This Agreement and any registration for or subsequent use of the Site will not be construed as creating any responsibility on ContentForest's part to store, maintain, backup, retain, or grant access to any information or data for any period.
You expressly understand and agree that ContentForest shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, fines and expenses or other intangible losses damages, resulting from:
EVEN IF CONTENTFOREST OR CONTENTFOREST’S AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The liability of ContentForest and your exclusive remedy with respect to the use of the site and the service or any breach of this agreement are limited to the amount you paid to ContentForest. Any legal remedy or liability that you seek to obtain for actions or omissions of other Users or other third parties will be limited to a claim against the particular Users or other third parties ONLY.
Violation of these terms of service will result in to termination of your Account. While ContentForest prohibits such conduct and Content on the Service, you understand and agree that ContentForest shall not be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials.
You are solely responsible for cancelling your account with ContentForest. A letter or telephone request to cancel your ContentForest account is not considered a cancellation of your account with ContentForest. You can cancel your ContentForest account by sending an email to firstname.lastname@example.org. On receipt of email, your profile will not be available on the site subject to the condition that there is no active action pending. But, your data will remain on our server for any necessary action in future. However, this data will not be used by us or shared with others.
Upon any such cancellation/termination, you must destroy all Content obtained from this Site and all copies thereof. The provisions of these Terms concerning Site security, prohibited activities, copyrights, trademarks, user submissions, disclaimers, limitations of liability, indemnity, and jurisdictional issues shall survive any such termination.
ContentForest service is provided on an "as is" basis without any express or implied warranty of any kind including warranties of merchantability, non-infringement of intellectual property, copyright, accuracy User Content or fitness for any particular purpose. ContentForesLt services are intended to be used to facilitate the Content Services. ContentForest cannot and does not control the content contained in any job posting and the condition, legality or suitability of any Producers. ContentForest does not endorse any Buyers or any Producers. ContentForest is an open market place/ platform wherein Producers may post their ideas/content. ContentForest shall not responsible for and disclaims any and all liability arising out of any ideas/content getting copied or stolen.
ContentForest makes no warranties or representations about the accuracy or completeness of the site's content or the content of any sites linked to this site. In no event shall ContentForest be liable for any damages whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of information) arising out of; the use of or inability to use the site; infringement of copyrights by user contents posted in the site or behaviour of users; any unauthorized access to or use of our secure servers and/or; any and all personal information and/or financial information stored therein; any bugs, viruses, trojan horses, or the like which may be transmitted to or through our site by any third party, and/or; any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the ContentForest site.
ContentForest further does not warrant that its service will be secure or uninterrupted; the information, text, graphics, photographs, images, links or other items contained within these materials will be accurate and complete. ContentForest may make changes to these materials at any time without notice. ContentForest make no commitment to update the Materials. No oral advice or written information given by ContentForest and its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice.
The Services provided by ContentForest are Internet-based. You acknowledge and agree that ContentForest cannot control the flow of data between its servers, other portions of the Internet and your connections and computers. Such flow depends in large part on the performance of Internet services provided or controlled by third parties. At times, actions or inactions caused by these third parties can impair your connections to the Internet. Although ContentForest will use its commercially reasonable efforts to take actions it deems appropriate to remedy and avoid such events, it cannot guarantee that they will not occur.
ContentForest reserves the right to deny Users access to the Services from time to time in order to perform routine or emergency maintenance, bug fixes or upgrades. ContentForest shall use commercially reasonably efforts to notify Users of anticipated material disruptions in the Services and shall make commercially reasonable efforts to schedule such activities at non-peak user hours.
You acknowledge and expressly agree that use of this Site is at your sole and own risk. You agree to defend, indemnify and hold harmless ContentForest and its affiliates, directors, officers, employees, proprietors, independent contractors, consultants, partners, shareholders, representatives, customers, agents, predecessors, successors, and permitted assigns from and against any claim, lawsuit, demand, loss, damage, expense (including attorney fee, costs and expenses) or liability that may result from, arise out of or relate to: (a) acts or omissions by User arising out of or in connection with this Agreement; (b) intentional or negligent violations by User of any applicable laws or governmental regulation, (c) contractual relations between the User and a third party; or (d) infringement of intellectual property rights including, but not limited to, rights relating to patent and copyright. ContentForest reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with ContentForest in asserting any available defense. You shall not settle any indemnified claim without ContentForest's prior written consent.
ContentForest does not consider or accept unsolicited ideas, including ideas for new promotions, products, technologies, or processes. This serves to avoid potential misunderstandings or disputes regarding ownership of ideas.
All trademarks, service marks, logos and trade names on this Site, whether registered or unregistered, including but not limited to ContentForest.com, are proprietary to ContentForest or to other companies where so indicated. You may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names without the prior written consent of the appropriate owner thereof.
In the event that any provision of the Terms shall, in whole or in part, be determined to be invalid, unenforceable or void for any reason, such determination shall affect only the portion of such provision determined to be invalid, unenforceable or void, and shall not affect in any way the remainder of such provision or any other provision of the Terms. Should any portion of this terms and conditions be found invalid by a court of competent jurisdiction, the remaining provisions of terms and conditions hereof shall continue in full force and effect.
The failure of ContentForest to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
The Terms of Service constitutes the entire agreement between you and ContentForest and govern your use of the Service, superseding any prior agreements between you and ContentForest (including, but not limited to, any prior versions of the Terms of Service).
This Site is controlled and operated by ContentForest from its offices Auckland, New Zealand. ContentForest makes no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to this Site from jurisdictions where the contents of this Site are illegal or penalized is prohibited.
These terms of services shall be governed by the laws of New Zealand without reference to its conflict of principles. Any claim or dispute between you and ContentForest that arises in whole or in part from the services shall be decided exclusively by the courts at Auckland, New Zealand. In the event of any conflict between foreign laws, rules and regulations and those of laws of New Zealand, the laws, rules and regulations of laws of New Zealand shall govern. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms. User hereby consents to personal jurisdiction by the courts located in Auckland, New Zealand.
Force Majeure: The parties shall be released from their respective obligations in the event of natural calamities, national emergency, war, prohibitive governmental regulation or any other cause beyond the reasonable control of the parties.
Assignment: You may not assign this Agreement, to any third party, without ContentForest's prior written consent. Any assignment or transfer these Terms, without such consent, will make the assignment/transfer null and void. ContentForest may assign or transfer these Terms, at its sole discretion, without restriction, to provide the agreed Services to you. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Notice: Any notice required to be given or otherwise given pursuant to this Agreement by the parties concerned, shall be in writing and shall be sent through email, or hand delivered, mailed by express mail, Government mail service, or sent by recognized courier service to the address mentioned in the website in case of ContentForest and to the address provided by the user at the time of registration.
If you have any complaints or require any clarifications regarding these Terms, please submit your complaints or queries via an email to email@example.com