Terms of Service
Overview and definitions
Topslog.com happens to be an online marketplace enabling “Employers” (purchasers of professional services) to search for as well as handle transactions with professional service providers (“Freelancers” as well as “Registered Users”). The site consists of features allowing employers and freelancers to perform the subsequent things:
Employers: Look for freelancers, post jobs, interact with freelancers, make negotiations with freelancers, award jobs, manage jobs, pay freelancers, and leave feedback as well.
Freelancers: Make profiles, submit quotations, advertise capabilities, make negotiations with Employers, procure job awards, get feedback from the employers, and also receive payment.
We likewise offer certain services to registered users which have been described in plus subject to the Terms of Service. We might append, modify, or delete several or all of these Services at any particular time posting a reasonable notice on the website in advance.
Capitalized terms that have been employed in the Terms of Service of the subsequent meetings:
1099 Service: implies the service which has been defined in Section 7.
Account: implies the account that the Website has created upon registration.
Arbitration Service: implies the service defined in Section 6.
Assumed Payment Liabilities: Shall imply the part of the total service charges of a Freelancer for a job that Topslog.com decides to undertake in consideration of the Service Charges.
Acceptance of Services by the Employer: shall imply: (i) in regard to an Invoice, a fund transfer to Topslog.com by Employer in regard to such invoice or (ii) in regard to the SafePay Service, the earlier to take place of the following: (a) the Freelancer and Employer give consent to the legal receiver of the funds or (b) Freelancer and Employer have ended the process consisting of the Arbitration Service.
Topslog Billing and Payment Services: implies, the SafePay Service as well as the Topslog Invoice Service, collectively.
Topslog Invoice Service: implies the service defined in Section 5(A).
Service Charges: implies, as relevant, the Job, Handling, Arbitration, and Withdraw service charges.
SafePay Service: implies the service defined in Section 5(B).
Services: implies, the Topslog Billing and Payment service, the 1099 Service, and the Arbitration Service.
Website: implies the www site operated by Topslog.com at http://www.topslog.com or any other standby URL.
It is imperative for you to be a legal entity or a person of at least 18 years of age who will be able to form lawfully binding agreements for accessing our services by means of our website. You have to accept every term and condition associated with these Terms of Service for becoming a Registered User. You give your consent to the following after becoming a Registered User: (1) Stick to the Terms of Service as well as the procedures, processes, plus guidelines defined throughout the site; (2) Be accountable financially for using the website and the delivery or purchase of services; and (3) Perform your responsibilities as stated by any Job Agreement accepted by you, unless these types of responsibilities are forbidden by the Terms of Service or by law. Topslog.com has the right to suspend, refuse, or terminate Services to anybody.
It will be imperative for you to register for an account so as to become a Registered User and access Services. You give your consent to offer genuine, precise, and comprehensive information as incited by the registration form as well as all forms accessed by you on the site, and for updating this information for maintaining its accuracy, genuineness, and comprehensiveness.
(C) Accounts and Profiles
General. After your registration as a Registered User with the Website, your account will be created by the Website with Topslog.com and it will be associated with an account number. A profile can be created by you under your Account in line with Section 2(D). Password and Username. You have to select a password and username for the account during registration. Being a Registered User, you give your consent and are wholly accountable for protecting and maintaining the confidentiality of the password and username used by you for accessing this Website. You permit Topslog.com to assume that an individual is using the site with your password and username happens to be you or is approved to act for you. You give your consent to inform us immediately in case you have doubts about any illegal usage of the account.
Topslog.com offers a number of different membership options to Registered Users. The accessibility of these membership options will be depending upon (i) the status of the Registered User as a Freelancer or an Employer (ii) the selections done at the time of registration, (iii) any consequent downgrades or upgrades of the options of membership following registration.
Employers: Every employer has the benefits of membership described here. It is important to note here that the membership benefits might modify at the sole discretion of Topslog.com.
Freelancers: It will be possible for the freelancers to select from various membership options. Here, we have listed the differences that exist between these options. Freelancers membership benefits.
Every single membership option consists of a specified number of “Bids”. As defined on the site, Bids are used by a Freelancer for submitting Quotes for Jobs. In case additional Bids are required by a Freelancer during a particular month, he will have the option to purchase further Bids as designated here. Bid Pricing. We have the right to modify membership charges, the number of Bids incorporated in the membership options every month, or the Bid price or introduce new fees at any given time, at the sole discretion of Topslog.com and upon rational notice posted beforehand on the Website. No membership charges or refunds or Bids already paid are going to be given. We are not going to repay the membership fee which has been already paid in case we implement our right of canceling a membership as stipulated under the Terms of Service.
(A) Freelancer and Employer
1. Job Agreement: The contracting, engagement, as well as management of any Job, will be between a Freelancer and an Employer. After accepting a Quote, an Employer gives his consent to purchase, and the Freelancer gives his consent to provide the services as well as associated deliverables in line with the subsequent contracts: (a) the Job Agreement between the Freelancer and Employer including the Job Description, Quote, and any other terms and conditions as discussed between the Freelancer and the Employer on the Website or else, (b) those Terms of Service, as well as (c) other contents uploaded to the site by Topslog.com (the “Job Agreement” collectively). You give your consent not to enter into any prescribed provisions violating those Terms of Service. Any endowment of a Job Agreement violating these Terms of Service will be void. The Employer has the responsibility of handling, inspecting, accepting, and also making payments for satisfactory services as well as deliverables on time in line with The Job Agreement. The Freelancer is accountable for the performance as well as the quality of services in line with the Job Agreement on time. Freelancer and Employer both agree to function with fair dealing and good faith in the enactment of the Job Agreement.
2. Independence: Freelancer and Employer will both acknowledge and give consent that their relationship happens to be that of autonomous contractors. The Freelancer will be performing services as an autonomous contractor and nothing in the Terms of Service will be considered to establish a partnership, agency, joint venture, or employee-employee connection between Employer and Freelancer or between Topslog.com or any Freelancer or Employer.
(B) Topslog.com and Registered Users
1. General: Topslog.com will not be a party to the contracting, dealing, and completion of any job between a Freelancer and an Employer. Topslog.com does not have any control over and doesn’t guarantee the safety, quality, or legality of deliverables created, publicized, or services performed, the genuineness or precision of Job Listings, the background, qualifications, or capabilities of Registered Users, the capability of Freelancers for performing services, the capability of Employers to make payment for services, or that a Freelancer or Employer can or will truly completed a Job. Topslog.com will not be accountable for and won’t control the way in which a Freelancer functions and isn’t involved in the Freelancer’s recruitment, dismissal, working conditions, or discipline. All obligations and rights for the sale and purchase of deliverables and services will be solely between a Freelancer and an Employer. Topslog.com will not offer any tools or materials for completing any Job to any Freelancer. It is imperative for Employers and Freelancers to solely look to the other for the performance and enforcement of all the obligations and rights resulting from Job Agreements and other terms, conditions, warranties, or representations related to such dealings.
2. 3rd-party Beneficiary of Job Agreement: Freelancer and Employer will both acknowledge and agree that the reputation, value, as well as goodwill of the site, depends on the performance of their agreements and contracts as specified in the Job Agreement. Consequently, Freelancer and Employer appoint Topslog.com as the 3rd-party beneficiary of the Job Agreement for the purpose of implementing the responsibilities owed to, and the advantages conferred on Topslog.com by these Terms of Service. Moreover, Freelancers and Employers agree that Topslog.com will be able to take these types of actions in regard to the Job Agreement, including without suspension, termination, restriction, or other legal actions, as Topslog.com thinks it necessary to safeguard the reputation, goodwill, and value of the Website.
3. Agency: The Terms of Service, as well as any registration for subsequent usage of this website by any Registered User or user, won’t be interpreted as implying or creating any relationship of franchise, agency, joint venture, or partnership between you and Topslog.com, except to the extent stated expressly.
4. Taxes: Every Registered User will be accountable for payment as well as reporting of taxes. Other than in relation to the 1099 Service, Topslog.com does not have any obligation of figuring out the applicability of any tax or to collect, remit, or report such applicable taxes, unless agreed to by each party pursuant to the terms of any tax services provision offered to you by Topslog.com. You give your consent that you will stick to any and every single applicable federal and state tax stature, regulation, as well as common law. In case Topslog.com receives any notice of non-compliance with any such regulation, common law, or statute, consisting of, without restriction, an Internal Revenue Service Levy, Topslog.com will consider such receipt to be a violation of this section and will be suspending your account until Topslog.com obtained an Internal Revenue Service Release.
(A) Membership Fee
It will be possible for Freelancers to choose different membership programs for subscribing to various participation levels on the Website, as detailed right here. Freelancer Memberships.
(B) Service Charges
Topslog.com is going to deduct one or more of the subsequent charges, as applicable, from the payments made to the Freelancers by making use of the Topslog Billing and Payment Services by the Employers.
1. Job Fee: A Job Fee will be charged by Topslog.com on all Freelancers. This fee will be based on the membership type of any particular Freelancer and will be subtracted from the total sum paid for a Job by any Employer as described here.
2. Employer Payment Handling Charges: When a Freelancer is paid by an Employer, a Payment Handling Charge (2.9%) is going to be appended to the invoice.
3. Freelancer transfer Method Charges: In case funds are going to be distributed through a wire transfer upon the request of a Freelancer, a Freelancer Transfer Method Fee is going to be charged to the Freelancer. Transfers made by means of Payoneer and PayPal debit card methods, automated clearinghouse methods will not incur any charge.
4. Arbitration Service Fee: Topslog.com is going to charge an Arbitration Service Fee for the usage of Arbitration Services regardless of the nature of resolution as well as any consequent payments. This service fee is going to be equivalent to the greater of $25 and 5% (five percent) of the total sum paid to Topslog.com by an Employer for the applicable Job related to such payment.
5. Employer Withdrawal Fee: There will be a withdrawal fee of 3.5% once funds are withdrawn by the Employer from their cash account. This fee is going to be deducted from the withdrawn amount.
(C) We have the right to modify any charges related to Topslog.com at the sole discretion of Topslog.com at any given time. No reimbursement of fees that have been paid already will be given in case we apply our right to cancel any membership as stated under these Terms of Service at any given time.
Topslog Billing and Payment Services
(A) Topslog Invoice Service
The Topslog Invoice Service allows Freelancers to deliver invoices and allows Employers to pay for the services.
1. General: When a service is delivered by a Freelancer to an Employer, he will be completing the electronic invoice form and submitting it to Topslog.com through the Website. It is imperative for every Freelancer to complete as well as submit an invoice to Topslog.com for every single payment.
(B) SafePay Service
Employers will be enabled by the SafePay Service to transfer specific payment responsibilities to Topslog.com.
1. General: At a request made by an Employer, upon payment to Topslog.com for services by the Employer to be provided by a Freelancer, Topslog.com will be assuming accountability for the payment of such services from the Freelancer. Topslog.com decides not to pay any Freelancer for services till the occurrence of Acceptance of Services by an Employer. You recognize that such funds are going to belong to Topslog.com immediately upon the transfer of such funds by you to Topslog.com. Nevertheless, Topslog.com agrees to reimburse such funds to the Employer in case (a) a Freelancer admits that services haven’t been completed or (b) Freelancer and Employer have come to the conclusion of the procedure consisting of the Arbitration Service with an outcome implying that the Employer happens to be the lawful recipient of the funds. Topslog.com gives their consent to inform both Freelancer as well as Employer as to the Assumed Payment Liability status and in case, for any particular reason, Arbitration Service regarding such status is requested by a party, will notify each party that the matter is going to be addressed by means of the Arbitration Service.
2. SafePay Disputes: in case a Freelancer or an Employer reasonably disputes the completion or quality of services delivered by such Freelancer, then the Freelancer, as well as the Employer, agrees that Topslog.com will not have any obligations for payment to any party associated with pertinent fees until this kind of dispute is settled in line with Section 6 below. The obligation of Topslog.com to pay any Payment is conditioned upon the settlement of every single outstanding dispute in line with such Payment.
(C) Funds Transfer
1. General: It will be imperative for you to make a request for the receipt of any fund which is due to you and also indicate your choice of the methods of fund transfer obtainable on the Website. These types of requests will be subject to the restrictions and conditions contained in these Terms of Service as well as on the Website. Notwithstanding any other provision of the Terms of Service, in case Topslog.com ascertains that the conditions and limitations of the Terms of Service or Website have been violated by any Registered User, Topslog.com has a right to reject the process of this kind of request.
2. Hold on Transfers: Topslog.com reserves the right to place a hold on the transfers requested in case Topslog.com suspects monies might be subject to bank reversal, chargeback, fraud, or inability to clear. A hold will be released by Topslog.com as soon as possible.
(D) Legal Relationship
1. Topslog.com isn’t your agent when it comes to any funds which have been transferred to Topslog.com for Assumed Payment Liabilities.
2. It is imperative for each Freelancer to properly credit and discharge Employers for every single payment made by Topslog.com to such Freelancer regarding services rendered to such Employers.
3. Topslog.com functions as a payment provider by hosting, creating, maintaining, as well as providing you with the Topslog Billing and Payment Services through the Internet. Topslog.com doesn’t have any influence over the services paid for or invoiced with the Topslog Billing and Payment Services. Moreover, Topslog.com doesn’t have any power whether a Freelancer or Employer is going to finalize the underlying transaction. Topslog.com is not accountable in any manner for the accuracy or timeliness of the invoices, completion, precision, or workmanship of any particular work product delivered by a Freelancer because of an awarded job. Nothing in the Terms of Service will be thought to constitute Topslog.com as your agent in regard to a service sold and purchased by Registered Users via the Website, or modify or expand any liability, warranty, or indemnity mentioned in these Terms of Service.
4. By making use of the Topslog Billing and Payment Services, you do acknowledge that
a. Topslog.com isn't operating as a fiduciary or a trustee of Freelancers or Employers and that the Topslog Billing and Payment Services are made available to Registered Users administratively;
b. Topslog.com isn't a "financial institution" as described under the BSA (Bank Secrecy Act) and the Topslog Billing and Payment Services happen to be payment services ınstead of banking services; (c) GURU.COM ISN'T A BANK AND ANY PAYMENTS TRANSMITTED THROUGH TOPSLOG.COM AREN'T INSURED DEPOSITS AND ARE SUBJECT TO LOSS, DEFAULT, OR FORFEITURE.
(E) Miscellaneous Payment Terms
1. Approved Payments are Final: Your usage of the Topslog Billing and Payment Services comprises your contract to make payment for any amounts that you empower us to retain from the transactions and, as suitable, charge to your bank account, credit card, or PayPal account. These types of payments, once approved, happen to be final. When Acceptance of Services of an Employer has happened, (i) Topslog.com shall not have any further obligation to any party regarding Payment for these types of services, (ii) Employer admits that Topslog.com has made available a comprehensive service regarding the payment done by Employer for the Invoice or Assumed Payment Liability, as pertinent and (iii) Employer hereby makes Topslog.com free from any liability regarding these sort of Payment.
2. Deceptive Transactions: Charge Backs; Incorrect or Duplicate Transactions. Topslog.com is empowered to look for compensation from you, and you will compensate Topslog.com, in case Topslog.com confirms a deceptive transaction, incorrect or duplicate transaction, or in case Topslog.com obtains a reversal or charge back from the credit card company of any Employer, bank, or PayPal. You comply with and acknowledge the right of Topslog.com to look into any transaction for fraudulence. Additionally, you give your consent to cooperate with any realistic requests done by Topslog.com in an attempt to check out fraud. You acknowledge that Topslog.com has the right to receive this kind of compensation by asking for your Account, deducting sums from transfers to be made in the future, asking for your credit card or any bank account linked to your Account, or receiving compensation from you by any other legitimate methods, which include making use of a 3rd party collection agency. Your account will be terminated in case of failure to make payments for compensations of a charge back or any reversal of payment.
3. Currency: The Topslog Billing and Payment will function in US Dollars and consequently Topslog.com is not accountable for fluctuations in the currency that happen when crediting or billing a debit or credit card denominated in any currency except US Dollars, nor is Topslog.com accountable for fluctuations in the currency that happen when sending or receiving payment through check, automated clearinghouse, or wire transfer, to and from your credit card account, bank account, or PayPal account.
4. Non-Circumvention and Exclusivity: Employers give their consent to use the Topslog Billing and Payment Services for making payments to Freelancers, whether repeat, first-time or follow-on. Also, you give your consent not to take any action either directly or indirectly for circumventing the Topslog Billing and Payment Services or any related charges. You, as a Freelancer, agree to make use of Topslog Billing and Payment Services for receiving disbursements from Employers identified via the Website, whether repeat, first-time or follow-on. Furthermore, you give your consent of not circumventing the Topslog Billing and Payment Services or any other related fees.
5. Notification: Being an Employer, you give your consent of notifying Topslog.com instantly in case your Freelancer asks for compensation outside the Website from you. Being a Freelancer, you give your consent to notify Topslog.com immediately in case your Employer wants to compensate you outside the Website. In case you are aware of a violation of the preceding prohibitions, or any possible evasion of the Topslog Billing and Payment Services, don’t hesitate to present a confidential report to Topslog.com by phone or come in touch with us.
6. Agreement to Pay: In case, for any reason, Topslog.com fails to receive compensation for any amounts that have been authorized by you to be paid through your usage of the Topslog Billing and Payment Services, you give your consent to pay such amount instantly as demanded by Topslog.com. You likewise agree to pay attorneys' fees, interest charges, and other expenses of collection suffered by Topslog.com in accumulating from you the authorized yet unpaid amount. In this situation, Topslog.com may, at its option, cease to process any further disbursements made by you and also apply any amounts held by Topslog.com toward any deficiencies, losses, or costs on your behalf that we have experienced because of your usage of the Topslog Billing and Payment Services. We might likewise make suitable reports to financial institutions, credit reporting agencies, law enforcement authorities, as well as tax agencies and collaborate with them in any subsequent prosecution or investigation.
Topslog.com provides the Arbitration Service to all those Registered Users having funds in SafePay and that have requested Topslog.com to assume all or a part of the payment responsibility for services that are involved in a disagreement over a Job that is (i) Compatible with a Job posting through the Website by an Employer, (ii) Compatible to a Quote for by a Freelancer via the Website for this type of Job posting and (iii) Compatible to an acceptance by the Employer via the Website for this type of Quote. Freelancer and Employer agree plus admit that any dispute related to the underlying charges shall be controlled by the terms mentioned in Section 6 in regard to Assumed Payment Liabilities.
1. Arbitration: In any situation where a Freelancer and the Employer cannot agree mutually on the allocation of funds in SafePay, you expressly give your consent to and also admit that Topslog.com or a third party selected by Topslog.com is going to arbitrate the disagreement according to the Website and these Terms of Service.
a. You agree and acknowledge that Topslog.com will understand any Job Agreement based on the course of dealing of the transaction as well as typical industry practices. Precisely, the arbitrator shall only be obliged to take into consideration the following in providing its decision: (i) the Job Agreement, (ii) the course of dealings of the parties, as proved by communications through or activity on the Website, (iii) the Job on its own and (iv) any communication or information submitted by the Freelancer and the Employer for review.
b. Topslog.com is going to provide its decision within 7 days of the opening of the Arbitration. Meanwhile, you are suggested to go on negotiating an amicable settlement with one another.
c. You acknowledge that the decision of Topslog.com, which is acting as an arbitrator, is going to be final, and not subject to appeal. Consequently, we are going to transfer funds according to the decision of the arbitrator within a rational time after a decision has been rendered by us.
d. In case you happen to be the dominant party in its arbitration decision, you give your consent that you shall not have any right, interest in, title to, or license to the Job which happens to be the dispute’s subject matter. In such a situation, you give your consent to return the physical copies of this type of Job in your possession and abolish any electronic copy in your possession.
You give your consent to and admit that (i) Topslog.com will utilize the e-mail address corresponding to your Account which was registered at the time of the opening of the Arbitration for notifying and communicating with you with regard to the Arbitration and (ii) you happen to be solely accountable for the receipt of any communication or notification sent by Topslog.com employing the e-mail address in correspondence with your Account registered when the Arbitration is opened.
You acknowledge and agree that (i) Topslog.com is not providing you with legal services, (ii) Topslog.com will not provide you with advice regarding legal matters, and (iii) in case you want to have legal guidance, you will look for autonomous legal counsel and will not depend on Topslog.com for any such guidance. You give your consent to protect and hold Topslog.com harmless as well as any affiliates of ours against any liability or damages that might be suffered by you because of employing the Arbitration Service. In case you do not give your consent to use this Arbitration Service under these terms, you must not request Topslog.com to undertake the Assumed Payment Liabilities.
When requested by an Employer, Topslog.com is going to issue a summary on Form 1099 which reflects the payments made to each Freelancer. Hereby, you acknowledge that even though the 1099 Service might be provided to the Employers by Topslog.com, the Job Agreement of the Employer for obtaining services and making payments happens to be an agreement between a Freelancer and an Employer.
Term: Suspension and Termination
A. These Terms of Service will serve as your contract in case the Website is used by you and is going to continue till the termination of your Account by either you or Topslog.com as provided for under this section’s term.
B. Unless agreed to between the parties in writing, the contract represented by these Terms of Service can be terminated by either party at any given time by providing notice to the second party. Your Account is terminated automatically in such case, and (1) Topslog.com will go on continuing performing those services required for completing any open transaction between any other Registered User and you; and (2) You will be obliged to pay any amount accrued but not paid as of the termination date to Topslog.com for any service and to a Freelancer for any service.
C. In case an Account is terminated, it will automatically result in the termination of all the associated profiles.
D. Without restricting our other remedies, a warning might be issued by us, or we might indefinitely suspend, temporarily suspend, or terminate a Job or your Account, and refuse to offer any services to you in case: (1) you violet the spirit or letter of the Terms and Conditions of the Terms of Service or any related information and policies included herein, including our written procedures and policies posted on the site (2) we are not able to authenticate or verify any information provided by you to us; or (3) we are of the notion that legal liability might be caused to you by your actions, or these actions are contrary to the Website’s interests. You should not go on using the Website under the identical Account, another Account, or registering under a fresh Account after being indefinitely terminated or suspended.
E. Additionally, in case the Terms of Service are violated, those might be impeached to the fullest extent of the regulations and might lead to additional sanctions and penalties.
F. Without restricting our other solutions, to the extent you involve in activities or actions circumventing the Topslog Billing and Payment Services, or else reduce charges owed by Topslog.com under these Terms of Service, it is imperative for you to pay Topslog.com for all the charges owed to Topslog.com and reimburse Topslog.com for all expenses and losses (including attorney charges) associated with probing into such violation and accumulating such fees.
G. You will no longer be able to access the messages, data, files, and any other material kept by you on the Website once your Account becomes terminated. The material may be removed together with all your earlier proposals and posts.
Privacy and Confidentiality
(A) Topslog.com Content
Your usage of the Website as well as the services provided is controlled by the terms mentioned in these Terms of Service as well as the Topslog.com IP Policy. You are accountable for reviewing the Topslog.com IP Policy that is included by reference, and it is suggested by us that the IP Policy is reviewed by you and a copy is printed for yourself. The IP Policy will be posted on the site and might be updated at frequent intervals.
(B) Registered User Content
1. You are accountable for the information which is posted on the Website, incorporating but not restricted to (a) any video, audio, or photographic content (“Multimedia Content”), (b) any listing or posting made by means of any email feature in any public message area or by means of the feedback feature of Topslog.com (“Non-Multimedia Content”), and (c) other contents of personal nature incorporating but not restricted to your biography, resume, work product, and work history produced for another Registered User (“Personal Content”). You retain the ownership of all Personal Content and Multimedia Content, subject to licenses granted herein.
2. You hereby assign your rights in Non-Multimedia Contents to Topslog.com. You grant us a global, non-exclusive, perpetual, irrevocable, royalty-free right for exercising all publicity and copyright rights in regard to the Multimedia Content and for using this type of Multimedia Content for the objective of publicizing and promoting Topslog.com services and products and you grant us a global, non-exclusive, royalty-free, perpetual, irrevocable right for using the Personal Content for the objective of offering Services.
3. It is imperative for your information not to (a) infringe the rights of any 3rd party, incorporating but not restricted to intellectual publicity, privacy, or property; (b) be trade libelous, harassing, threatening, or defamatory; nor (c) be indecent, obscene, or consist of pornography.
4. Any information which is posted by Registered Users is not endorsed by us and we aren’t responsible for this type of information posted on the site, incorporating but not restricted to any info posted regarding you. We have the privilege of taking any action regarding information posted on the site which, according to us, is not appropriate, incorporating but not restricted to your Account’s termination. Nevertheless, it is not possible for us to control the info offered by you or any other Registered User or content provider that is obtainable through our system.
(C) Content removal for which Copyright Infringement is Claimed
1. Procedures have been implemented by Topslog.com for obtaining a written statement of claimed infringements. In case you are of the notion that any User of the Website is infringing your copyrights, you are requested to fill out a form relating to Notice of Infringement and also fax it to Topslog.com Copyright Infringement Notices at ____.
2. The info requested by the form complies substantially with the Digital Millennium Copyright Act safe harbor provisions. This provides that it is imperative that a claimed infringement notification has to be a written communication delivered to the entitled agent which consists of the following:
a. An electronic or physical signature of an individual authorized to function for the owner of an exclusive right that is infringed allegedly.
b. Recognition of the allegedly infringed copyrighted work, or, in case a single notification covers several copyrighted works at a single online site, a representative listing of these types of works at such site.
c. Recognition of the material which is stated to be violating or to be the topic of contravening activity and which is to be abolished or whose access is to be incapacitated, and information reasonably adequate to allow the Freelancer to find the material.
d. Information rationally adequate to allow the Freelancer to come in touch with the complaining party like a telephone number, address, and if accessible, an electronic mail address where it will be possible to contact the complaining party.
e. A declaration that the party that is complaining believes strongly that usage of the material in the way complained of isn’t approved by the copyright owner, the law, or the agent of the owner.
f. A declaration that the information mentioned in the notification is correct, and that the party that is complaining is entitled to function in the name of the owner of an allegedly infringed exclusive right.
g. Reminders from the copyright owner or an individual entitled to function in the name of the copyright owner that does not succeed in complying with the above-mentioned provisions will not be considered to provide actual awareness or knowledge of the circumstances or facts from which any infringing activity is perceptible.
3. Furthermore, it is imperative for you to produce a Notice of Infringement form every time you like to report alleged infringement acts and get it faxed to the above-mentioned number.
Disclaimers, Representations, Exclusions, and Limitations
(A) Warranties and Registered User Representations
Every single Registered User represents, warrants, and agrees:
1. Not granting access to an Account solely to users entitled to function in the name of the Registered User and only according to these Terms of Service.
2. To be comprehensively liable and accountable for any action made by any user who is using your Account.
3. Not to use your username, Account, or the password of any other Registered User that you aren’t expressly entitled to use.
4. Not to permit any 3rd party that is not entitled to do so to make use of your Account at any particular time.
5. Not to make use of any software, routine, or device, incorporating but not restricted to any Trojan horses, viruses, time bombs, robots, worms, or denial-of-service attacks which are intended to interfere with or damage the functioning of the Website or any sort of transaction conducted via the Website.
6. Not to expropriate or intercept any system, personal information, or data from the Website.
7. Not to perform any action imposing a disproportionately or impractical large load on the infrastructure of the Website, consisting of but not restricted to “spam” or any other similar unwanted mass emailing practices.
8. That it has got the authority as well as the privilege of entering into the Terms of Service and transacting business hereunder.
9. That they are making use of the Website only with the objective of getting into a bona fide business transaction with any other Registered User.
10. That they are not going to make use of the Website to mislead or defraud any individual or entity, including sans restriction Topslog.com or any Registered user.
11. That the Website won’t be used by them for violating any regulation or law of India or any international regulation or treaty.
12. That they aren’t a resident national of any nation subject to economic agreements imposed by the Indian government. The present listing of the sanctions can be located here.
(B) Warranty Disclaimer
THE SERVICES OFFERED BY TOPSLOG.COM OR OUR 3RD PARTY SERVICE PROVIDERS ARE OFFERED AS AVAILABLE AND SANS ANY CONDITIONS (IMPLIED OR EXPRESSED, INCORPORATING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY SPECIFIC PURPOSE, ACCURACY, NON-INFRINGEMENT, AND TITLE, ARISING BY STATUTE OR ELSE IN LAW OR FROM USAGE OR TRADE OR COURSE OF DEALING) OR WARRANTIES. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS OF ANY SORT, EITHER IMPLIED OR EXPRESS, AS TO THE IDENTITY, QUALITY, OR DEPENDABILITY OF ANY THIRD-PARTY, OR AS TO THE PRECISION OF THE POSTINGS MADE BY ANY 3RD PARTY ON THE WEBSITE. CERTAIN JURISDICTIONS AND STATES DON’T PERMIT FOR ALL THE FOREGOING RESTRICTIONS ON IMPLIED WARRANTIES, IF ANY, SEVERAL OR ALL THE ABOVE RESTRICTIONS MIGHT NOT BE APPLICABLE TO YOU.
(C) Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL WE OR OUR 3RD PARTY SERVICE PROVIDERS BE ACCOUNTABLE TO YOU OR OTHER REGISTERED USERS FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR DISCIPLINARY DAMAGES PURSUANT TO THIS CONTRACT, CONSISTING OF BUT NOT RESTRICTED TO, LOSS OF PROFITS, LOSS OF GOODWILL OR LOSS OF BUSINESS OPPORTUNITIES, EVEN THOUGH ADVISED OF THE PROBABILITY OF THESE TYPES OF DAMAGES. NOTWITHSTANDING OTHER PROVISIONS OF THIS CONTRACT, IN NO EVENT WILL OUR ACCOUNTABILITY TO YOU FOR ANY CLAIM OR ACTION ASSOCIATED WITH THE WEBSITE SERVICES OFFERED UNDER THESE TERMS OF SERVICE, WHETHER BASED ON TORT, CONTRACT, NEGLIGENCE, OR OTHER THEORIES OF LIABILITY, IS MORE THAN THE GREATER OF (A) $100 OR (B) THE TOTAL AMOUNT OF MONIES ACCUMULATED FROM YOU BY US FOR THE SERVICES TO WHICH THE RESPONSIBILITY IS ASSOCIATED WITH DURING THE 6 MONTH PERIOD BEFORE THE DETERMINATION OF THIS TYPE OF LIABILITY. CERTAIN JURISDICTIONS AND STATES DON’T ALLOW FOR THE PREVIOUS RESTRICTIONS AND EXCLUSIONS OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO TO THAT EXTENT, SEVERAL OR ALL THESE EXCLUSIONS AND RESTRICTIONS MIGHT NOT BE APPLICABLE TO YOU.
(D) General Release
In case you have any dispute with any other Registered User, you release Topslog.com (and our directors, officers, subsidiaries, agents, employees, and joint ventures) from demands, claims, as well as damages of every type and nature, unknown and known, arising out of or in any manner related to this type of dispute.
You give your consent to defend, indemnify, and hold harmless Topslog.com from any liability, cost, damage, loss, claim, cause of action, suit, demand, proceeding, or action brought by any 3rd party against Topslog.com: (1) in relation to your usage of the services consisting of any payment obligations suffered while the usage of Topslog Billing and Payment Services; or (2) ensuing from: (a) your usage of the site (b) your decision to provide the information through the Website, consisting of personal financial info; (c) your decision of submitting postings and accepting offers from any other Registered User; (d) any violation of the agreement or other claims which have been made by any Registered User using which business was conducted by you via the Website; (e) your violation of any facility of these Terms of Service; (f) any obligation arising from the tax treatment of payments; (g) any intentional or negligent wrongdoing by a Registered User; (h) your inability or dispute of to pay any invoice; (i) any act of yours related to the payment of fees to a Freelancer; or (j) your responsibilities to any Freelancer. This type of indemnification will be conditioned on our: (i) collaborating with you in the settlement or defense thereof; (ii) informing you in writing of any such demand, claim, cost, liability, action, threat, or loss of any thereof; and (iii) enabling you to control such settlement or defense. We shall have the privilege of participating in such defense via our own counsel at our personal expense and cost. We have the privilege of reporting any offense which we become aware of to the appropriate government agencies.
The website might consist of links to 3rd party websites which are not under the operation or control of Topslog.com. When links are provided by us, we perform that only as a convenience and don’t endorse and aren’t accountable for the content of any link within a linked site or any linked site itself.
You are accountable for the storage, creation, as well as backup of the business records of yours. The Terms of Service and any subsequent usage of this site are not going to be construed as creating any accountability on the part of Topslog.com to backup, store, grant access to, or retain data or information for any span of time.
Miscellaneous Terms and Conditions
(A) Agreement with Law
You are accountable for compliance with applicable state, federal, as well as international laws, regulations, and treaties, considering that access to this Website’s contents might not be legitimate for or in certain nations or by certain individuals.
(B) Modification and Waiver
Topslog.com won’t be considered to have waived or modified any of our remedies or rights under these Terms of Service until and unless the waiver or modification happens to be in writing and it is signed by a lawful representative of Topslog.com. No omission or delay by Topslog.com in implementing its remedies or rights is going to impair its privileges. Any partial or single implementation of a remedy or right won’t prevent further implementation of any other remedy or right.
In case any portion of the Terms of Service becomes unenforceable, this specific part is going to be provided effect to the maximum extent possible while the rest is going to remain in full effect and force.
(D) Transfer or Assignment
You won’t assign, delegate, or transfer your obligations or rights under Terms of Service to anybody sans the express written permission of Topslog.com, and any attempt of doing so will become null and void. These Terms of Service might be assigned by Topslog.com at its sole discretion.
(E) Force Majeure
Apart from the payment of fees to Topslog.com, neither party to these Terms of Service will be accountable for the inability to perform for any deferral of performance of any commitment hereunder because of labor disturbances, fires, mishaps, Internet or telecommunication failures, floods, wars, strikes, rebellions, riots, actions of the government, blockades, plus governmental regulations and requirements or limitations implemented by law beyond the party’s reasonable control. The time required by the performance of the party will be extended by the span of such deferral.
All notices permitted or needed to be provided under the Terms of Service are going to be in writing and will be considered to have been duly provided in case delivered personally or dispatched by pre-paid telex, telegram or telefax, or mailed first-class, by certified or registered mail (those mailed will be considered to have been provided 10 business days following mailing) to the addresses mentioned below or to any other address as designated by any party by notice in writing.
(G) Headings and Labels
The paragraph headings which are in boldface in the Terms of Service have been incorporated for simplicity of reference only and do not have any binding effect.
The Terms of Service as well as all documents mentioned there (including the listed policies which are accessible by hyperlink) consist of the whole contract between you and Topslog.com with respect to the usage of the Website and supersede all previous contracts between the parties concerning the topic contained herein plus any inconsistent or conflicting terms in any site that link to the Website or are linked from it.
Sections 4, 5, 6, 7, 8, 9, 10, 11, plus 12 are going to survive in case these Terms of Service are terminated for any reason.