Terms & Conditions (Posted)
Effective Date: 1/1/2020
“Marteamo,” “We,” “Our,” and “Us” refer to Marteamo Inc., as well as our members, affiliates, subsidiaries, officers, and employees.
“The User,” “You” and “Your” refer to the person, company, or organization that has visited or is using the Website and/or the Service. A User may be a Company or a Freelancer.
“Service” refers to the services provided by Marteamo. We provide a platform to connect freelance marketing professionals with companies seeking marketing services. We do not serve as a marketing agency.
“Website” refers to Marteamo’s website located at https://www.marteamo.com, all subpages and subdomains, and all content, services, and products available at or through the Website. “Website” also refers to Marteamo’s mobile application.
“Freelancers” refers to marketing professionals who may communicate with and provide marketing services to Companies via the Service. Freelancers are not employees or agents of Marteamo.
“Company” refers to companies who submit requests for marketing services from Freelancers.
“Content” refers to content featured or displayed through the Website, including without limitation, text, documents, information, data, articles, opinions, images, photographs, graphics, software, applications, video recordings, audio recordings, sounds, designs, features, and other materials. Content also includes, without limitation, User-Generated Content, which may be submitted by any Freelancer or Company, if we decide to provide that functionality.
About the Service
The Service is a platform for Freelancers to connect with Companies seeking marketing services. The Service enables Companies to hire Freelancers, and also provides tools for enhancing collaboration and building teams of Freelancers.
(a) Marteamo does not vouch for any of its Freelancers. Marteamo simply provides a platform to enable Freelancers and Companies to connect and work collaboratively. We do not endorse any of our Freelancers and do not sanction statements that Freelancers make on the platform. We do not investigate or verify the background, experience, credentials, or expertise of any Freelancers using the Service.
(b) Marteamo Does Not Guarantee Results. From time to time, Companies may submit reviews of Freelancers. These reviews do not constitute a guarantee, warranty, or prediction regarding the outcome of any projects. Marteamo will have no responsibility or liability of any kind for any User-Generated Content or advice you encounter on or through the Website, and any use or reliance on User-Generated Content or advice is solely at your own risk.
You, and you alone, are responsible for your account and anything that happens while you are signed in to or using your account. Your security is your responsibility.
(a) User Account Security. If you sign up for the Service, you will create a personalized account which includes a unique username and a password to access the Service and to receive messages from Marteamo. You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You agree to notify us immediately of any unauthorized use of account, or any other breaches of security. We will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your computer, mobile device, or other computing device and/or account.’
(b) Relationship with Freelancers. Because we cannot guarantee the suitability of any of our Freelancer Users for your specific needs, we encourage Company Users to research any Freelancers before hiring them.
(c) No Reliance on User-Generated Content. User-Generated Content posted on the Website, such as blog posts, is provided for informational purposes only, with no assurance that the User-Generated Content is true, correct, or accurate.
Use and Conduct Restrictions
You are allowed to use the Service as long as you follow a few basic rules. The following Use Restrictions and Conduct Restrictions are the basic rules we expect Users to follow while using the Service. We are not responsible for the Content our Users post, and we have the right to close accounts if we need to.
(a) Prohibited Content. You agree that you will not under any circumstances transmit any Content (including software, text, images, video files, audio files, or other information) that
- is unlawful or promotes unlawful activity;
- defames, harasses, abuses, threatens, or incites violence towards any individual or group;
- is pornographic, discriminatory, or otherwise victimizes or intimidates an individual or group on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- is spam, is machine- or randomly-generated, constitutes unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
- contains or installs any viruses, worms, malware, Trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
- infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights;
- impersonates any person or entity, including any of our employees or representatives; or
- violates the privacy of any third party.
(b) Users Must Be Over Age 18. You represent that you are over the age of 18. Marteamo does not target our Content to children or teenagers under 18, and we do not permit any Users under 18 on our Service. If we learn of any User under the age of 18, we will terminate that User’s account immediately.
(c) No Liability for User Interactions; Marteamo May Monitor Interactions. Any liability, loss or damage that occurs as a result of any User interactions that you input or receive through your use of the Service is solely your responsibility. At our discretion, we, or technology we employ, may monitor and/or record your general interactions with the Service.
You own your Content, but you allow us certain rights to it, so that we can display and share the Content you post. We have the right to remove Content if we need to.
(a) Responsibility for User-Generated Content. You may create content, written or otherwise, while using the Service (“User-Generated Content”). You are solely responsible for the content of, and any harm resulting from, any User-Generated Content that you post, upload, link to or otherwise make available via the Service, regardless of the form of that content. Any liability, loss or damage that occurs as a result of the use of any User-Generated Content that you make available or access through your use of the Service is solely your responsibility. We are not responsible for any public display or misuse of your User-Generated Content.
(b) Right to Post. You represent that you have the right to post all User-Generated Content you submit. Specifically, you represent that you have fully complied with any third-party licenses relating to User-Generated Content, and have taken all steps necessary to pass through to end users any required terms.
(d) Ownership of User-Generated Content. Except for Content that originates from us, we do not claim ownership of any Content that is transmitted, stored, or processed in your account. You retain all ownership of, control of, and responsibility for User-Generated Content you post. You may control access to your User-Generated Content through settings in your user account.
(e) License Grant. Solely to allow Marteamo to use Content you upload to the Service without violating any rights you have in it, you grant us the following rights: by posting any Content via the Website, you expressly grant Marteamo and our successors a worldwide, sub-licenseable, fully-paid, royalty-free, and non-exclusive license to use, reproduce, display, modify, adapt, distribute, and perform the Content in connection with our business purpose. This license does not grant us the right to sell User-Generated Content or otherwise distribute it outside of our Website. This license will terminate at the time when the Content is removed from the Website.
Freelancers are independent professionals who offer to provide various marketing services for prospective Company Users. They are not employees or contractors of Marteamo. All Freelancers are required to provide accurate information as to their education, training, qualifications, expertise, credentials, and experience. By registering an account with the Service, Freelancers agree to provide such accurate information, and to update it regularly to maintain its accuracy. Marteamo is not liable or responsible for any misrepresentations by Freelancers as to their education, training, qualifications, expertise, credentials, and experience.
When a Company hires a Freelancer through the Service, the Company will make payment through the Website. Marteamo will hold that payment until the project is complete. Upon completion of the project, Marteamo will release the payment to the Freelancer, after deducting 10% of the payment amount as a service fee for use of the Service.
(a) Marteamo Is Not A Party To Contracts. Company Users may select Freelancers through the platform, but such contracts and relationships are solely between the Company and the Freelancer. We will not be a party to any contracts for marketing services that result from matches made by our Service.
(b) All Fees Are Paid Via the Service. All fees for projects must be paid through the Service. Failure to do so will result in your user account being suspended.
(c) Prepaid Amounts Are Not Held Separately. Funds that you prepay for projects are not held separately by us, and may be commingled with our general operating funds as well as funds from other Users. You will not be entitled to any interest or other earnings on funds held by Marteamo while a project is underway. We may receive interest on these funds held by us, and any such interest earned belongs solely to Marteamo.
(d) Taxes Are Your Responsibility. Freelancers are responsible for paying taxes on any revenue received through the Service. Marteamo will not withhold any income or other taxes on behalf of Freelancers, nor will Marteamo be responsible for remitting any employment or income taxes on behalf of Freelancers.
Third Party Content
There may be content from third parties on the Website, such as blog posts written by other Users or links to other websites.
(a) Access To Third Party Content. By using the Service, you will be able to access Content belonging to or originating from third parties (“Third Party Content”). Your use of the Service is consent for us to present this Content to you. You acknowledge all responsibility for, and assume all risk for, your use of Third Party Content.
(b) No Responsibility For Third Party Content. As part of the Service, we may provide you with convenient links to third party websites as well as other forms of Third Party Content. These links are provided as a courtesy to Service visitors. We have no control over third party websites, content, or the promotions, materials, information, goods or services available on them. By linking to such content, we do not represent or imply that we adopt or endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than Marteamo. We are not responsible for any Third Party Content accessed through our Website. If you decide to leave the Website and access Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any such websites or Third Party Content.
Copyright Infringement and DMCA Policy
If you believe that material located on the Website violates your copyright, please notify us in accordance with our Digital Millennium Copyright Act Policy.
(a) Termination of Repeat Infringer Accounts. Marteamo respects the intellectual property rights of others and requests that our Users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, we will terminate a User’s access to and use of the Website if, under appropriate circumstances, the User is determined to be a repeat infringer of the copyrights or other intellectual property rights of Marteamo or others. We may terminate access for Users who are found repeatedly to provide or post protected Content without necessary rights and permissions.
(b) DMCA Take-Down Notices. If you are a copyright owner or an agent of a copyright owner and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by sending a properly formatted take-down notice in writing to our designated copyright agent at email@example.com.
(c) Response To DMCA Take-Down Notices. If we take action in response to a DMCA infringement notice, we will make a good faith attempt to contact the party that made such Content available by means of the most recent email address, if any, provided by that party to us.
(d) Counter-Notices. If you believe that your Content that has been removed from the Website is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content you submitted to the Website, you may send a properly formatted counter-notice to our copyright agent using the contact information set forth above.
(e) Response to DMCA Counter-Notices. If a counter-notice is received by our copyright agent, we may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content will be reinstated on the Website in 10 to 14 business days after receipt of the counter-notice.
Intellectual Property Notice
Specifically, Marteamo and all other trademarks that appear, are displayed, or are used on the Website or as part of the Service are registered or common law trademarks or service marks of Marteamo. These trademarks may not be copied, downloaded, reproduced, used, modified, or distributed in any way without prior written permission from us, except as an integral part of any authorized copy of the Content.
(a) If you wish to terminate your account with the Service, you may simply discontinue using the Service. If you wish to delete your User account data, please contact us at firstname.lastname@example.org. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, but barring legal requirements, we will delete your full profile within 30 days.
(b) We may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately.
(c) Termination of your relationship with us does not affect your relationship with any Freelancer or Company you have retained through the Service. All legal, contractual, and ethical duties, obligations and responsibilities survive termination of the Marteamo relationship.
Disclaimer of Warranties
We provide our Service as is, and we make no promises or guarantees about this Service. Please read this section carefully; you should understand what to expect.
(a) Marteamo provides the Website and the Service “as is,” without warranty of any kind. Without limiting the foregoing, Marteamo expressly disclaims all warranties, whether express, implied, or statutory, regarding the Website and the Service including, without limitation, any warranty of merchantability, fitness for a particular purpose, security, accuracy and non-infringement.
(b) Marteamo makes no representation or warranty that the information we provide through the Service is accurate, reliable or correct; that the Service will meet your requirements; that the Service will be available at any particular time or location, that the Service will function in an uninterrupted manner or be secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your use of information, content or other material obtained from the Service. Some jurisdictions limit or do not permit disclaimers of warranty, so this provision may not apply to you if you live in one of those jurisdictions.
Limitation of Liability
Release and Indemnification
(b) If you have a dispute with one or more Users, you release Marteamo from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Dispute Resolution and Arbitration
(a) Mandatory Arbitration. If there is any dispute about or involving the Website and/or the Service, you agree that such dispute will be governed by the laws of the Commonwealth of Massachusetts without regard to conflict of law provisions. YOU FURTHER AGREE THAT BINDING ARBITRATION, TO BE CONDUCTED IN BOSTON, MASSACHUSETTS, WILL BE THE SOLE AND EXCLUSIVE VENUE FOR ANY CLAIMS OR DISPUTES RELATED TO THE SERVICE AND THE WEBSITE. YOU EXPRESSLY WAIVE THE RIGHT TO MAINTAIN OR PARTICIPATE IN ANY CLASS ACTION LAWSUIT REGARDING THE SERVICE AND THE WEBSITE. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICE OR THE TERMS MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
(b) Exceptions to Arbitration. The following claims are exceptions to the above arbitration requirement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).
(c) Attorney Fees and Expenses. Either party may be entitled to seek an award of attorney fees and expenses if they prevail in arbitration, to the extent provided under applicable law and arbitration rules.
(d) Waiver of Jury Trial. You waive the right to a trial by jury as to all arbitrable disputes.
(e) Severability. If any portion of this arbitration provision is deemed illegal or unenforceable, such provision will be severed and the remainder of the arbitration provision will be given full force and effect.
(e) Authorization to Contract. You represent that you are of legal age to form a binding contract.