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TERMS OF SERVICES FOR CLIENTS AND AUTHORS OF TEXTBROKER

TERMS OF SERVICE FOR CLIENTS

Effective Date: May 15, 2017
THIS WEBSITE, AND ALL OF ITS APPLICATIONS, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THE WEBSITE, IS AN ONLINE SERVICE PLATFORM AND SERVICE OWNED AND OPERATED BY TEXTBROKER.COM (“SITE”).

The current owner of this Site is:
Textbroker International LLC (“Textbroker,” “we,” or “us”)
8076 West Sahara Avenue
Las Vegas, Nevada 89117

PLEASE READ THESE GENERAL TERMS OF SERVICES (“TERMS OF SERVICES”) CAREFULLY BEFORE USING, ACCESSING, OR VIEWING THIS SITE, ITS CONTENTS OR ANY SERVICES OFFERED BY THIS SITE. THIS SITE AND THE SERVICES ON THIS SITE ARE SUBJECT TO THESE TERMS OF SERVICE.

BY USING, VIEWING, OR ACCESSING THIS SITE OR ANY PAGES THEREOF OR PRODUCTS OR SERVICES OFFERED BY THIS SITE, OR PRINTING, DOWNLOADING, OR OTHERWISE USING, VIEWING, OR ACCESSING ANY SERVICE FROM OR ANY CONTENT AVAILABLE ON OR THROUGH THIS SITE, OR REGISTERING OR BECOMING A MEMBER OF THIS SITE, OR IF PRESENTED WITH A CHECK BOX AND STATEMENT THAT REQUESTS THAT YOU (“YOU” OR “THE AUTHOR”) CONFIRM YOU HAVE READ AND UNDERSTOOD THESE TERMS OF SERVICE AND YOU CHECK THE CHECK BOX, YOU EXPRESSLY SIGNIFY YOUR ASSENT TO, UNDERSTANDING OF, AND AGREEMENT TO BE LEGALLY BOUND BY THESE TERMS OF SERVICES. IT IS THE EQUIVALENT OF MANUALLY SIGNING A PAPER COPY AND ENTERING INTO A LEGALLY BINDING CONTRACT BETWEEN YOU AND TEXTBROKER. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF SERVICES, PLEASE DO NOT ACCESS, USE OR REGISTER WITH THIS SITE OR ANY PRODUCTS OR SERVICES OFFERED BY THIS SITE, OR WHEN PRESENTED WITH A CHECK BOX AND A STATEMENT THAT REQUESTS THAT YOU CONFIRM YOU HAVE READ AND UNDERSTOOD THESE TERMS OF SERVICE, DO NOT CHECK THE CHECK BOX.

I. Nature of this Site

  1. This Site offers a platform for people who would like to purchase texts, lyrics, materials, content, documents, or articles concerning certain topics, themes, matters or issues ordered by customers and to be written or produced by authors (“Texts”). Such customers (“customers”) may order Texts through this Site from authors who contract with Textbroker to reflect the requirements of the customer.
  2. Please carefully read Sections XIV and XV of these Terms of Services for our disclaimer of warranty and our limitation of liability.

 

II. Updates and Revisions of our Terms of Services

Updates and Revisions of our Terms of Services This Site may revise and update its Terms of Services at any time without notice by posting such revised or updated Terms of Services on or at this Site. For registered customers, Textbroker shall provide notice about any revisions or updates by sending such notice via email to the email address listed in your customer account. Any changes to these Terms of Services will become effective upon posting such revisions or updates. You are required to periodically check our Terms of Services for any changes if you continuously use this Site. Your continued usage of this Site or any of its goods and services will mean that you accept those changes.

 

III. Access to this Site; Registration

    1. To access this Site or some of the Content it offers or provides you with, you need to first register with this Site and provide us with certain registration data (name, address, email address, etc.) or other information. Such a registration is in particular necessary if you want to order Texts from authors through this Site. Authors are our independent contractors who write Texts for customers (“authors”).
    2. After registration, we may verify the email address you provided us with and open a customer account on this Site for you.
    3. This Site may contain features that require registration (e.g., when you register for an account). You agree that the registration data or other information you provide to us MUST be accurate, current, and complete. If this turns out not to be the case or if we suspect that this is not the case, we have the unconditional right to terminate or suspend your access to this Site or any of its Content or Services or account, and to terminate or suspend your access to, use of, or membership with this Site, Content, or Services at any time.
    4. We have the right to reject your application for registration with this Site or terminate your account for any reason or no reason, with no liability to you. It is left to our sole discretion if we want to accept the application by a customer or any other applicant to be registered with this Site.
    5. Textbroker reserves the right at any time and from time to time to modify, suspend, block, terminate, or discontinue, temporarily or permanently, the Site, Content, or Services, or any portion thereof, with or without notice. You agree that Textbroker will not be liable to you or to any third party for any modification, suspension, blocking, termination, or discontinuance of the Site, Content, or Services.
    6. You represent and warrant that these Terms of Service have been duly and validly executed and delivered by you and constitutes your legal, valid and binding obligation, enforceable against you in accordance with its terms; that the execution, delivery and performance by you of this Terms of Service are within your legal capacity and power; have been duly authorized by all requisite action on your part and do not require the approval or consent of any other persons, and that your execution of these Terms of Service do not conflict with or result in any breach or violation of any terms or conditions of, or constitute a default under any instrument, contractor other agreement to which you are a party.
    7. In the event you violate these Terms of Service, we will have the right to terminate or suspend your account, terminate or suspend your membership and deny you access to our Site, or the Content, or Services, with no liability for us to you.

 

IV. Ordering Texts and Articles

  1. OrdersYou may order Texts via your registered account (“Order”). You can decide the categories, topics, themes, and issues of the Text and indicate the minimum number of words the author must write and the maximum number of words for which you will be charged, along with other variables and information. We are not obliged to find you an author to write your requested Texts, and our authors are not obligated to accept your Order.
  2. You represent and warrant you will not order any Texts or submit any Orders that contain any information, data, content, audio or visual materials, text, video, or image, that (i) violate a third party’s rights, including without limitation, Proprietary Rights or privacy rights; (ii) are pornographic, obscene, indecent, slanderous, libelous, defamatory, fraudulent, untrue, inaccurate, misleading, hateful or unlawfully threatening, abusive. harassing, violent, sexually explicit, nude, or in any way degrading to human nature or harmful or indecent to minors; (iii) violate any laws statutes, codes, rules, ordinances or regulations of any jurisdiction or promote illegal activities; (iv) discriminate based on race, sex, religion, nationality, disability, sexual orientation, or age; (v) include any of Textbroker’s trademarks, service marks, trade names or logos, without Textbroker’s prior written consent; (vi) include or link to any program, file, data stream or other material that contain viruses, worms, trojan horses, date bombs, time bombs, corrupt files, or disabling code, or any other items of a destructive nature or programs designed to interrupt, destroy or limit the functionality of any computer or telecommunications software or hardware; (vii) contain any unsolicited advertising or promotional materials, spam, pyramid schemes, chain letters, or similar forms of unauthorized advertising or solicitation or conduct or forward surveys; and (viii) are homework or academic materials, papers, journals, or articles.
  3. In case of violation, we will have the right to close your account, terminate your membership and deny you further access to our Site, Content, or Services. We reserve the right to reject your Order for any reason or no reason without liability to you, including with limitation, if your Order breaches or violates these Terms of Service or any terms and conditions on the Site.
  4. You expressly acknowledge and agree that the authors write the Texts, and Textbroker is not responsible for the Texts in any way, including any damages or breach, infringement, misappropriation, or violation of a third party’s rights (including without limitation, Proprietary Rights or rights of publicity or privacy or contract rights) arising from or related to the Text. Textbroker asks that its authors keep confidential all information provided to them on this Site by our customers, but you expressly acknowledge that Textbroker assumes no liability for any breaches of confidentiality by authors.

 

V. Delivery of the Ordered Text: Approval / Rejection by the Customer

  1. A customer will approve or reject the Text delivered by the author. A customer’s rejection of the Text needs to be provided in accordance with Section V.2. below.
  2. A customer may reject the Text if the Text does not (i) comply with the criteria or requirements of the Order, or (ii) the quality of the Text was not at the standard ordered by the customer; provided for Subsections (i) and (ii), such customer has provided the author with at least one opportunity to correct the Text in accordance with Section V.3. below. For clarity, a customer cannot reject a Text until it has provided the author with at least one opportunity to correct or improve the Text (a “Revision Request”). We have the right but not the obligation to check the customer’s rejection of the Text to determine whether it is in compliance with this Section. We may accept a rejection of the Text from the customer if: (a) the rejection is based on the terms of the original Order or on circumstances that are known or would have been known to the author; (b) the customer reasonably describes why such terms or circumstances have not been met; or (c) such customer has made at least one Revision Request in accordance with Section V.3. below and the author has failed to correct or improve such Text in compliance with such Section V.3. If, in our sole discretion, we consider such rejection by the customer to be unjustified, we may charge the customer’s account for the development of the Text as if the Text was approved by the customer. You agree that Textbroker may make the final decision as to whether the customer’s rejection of the Text is justified and you agree to accept such decision as final and binding on you.
  3. Subject to Section V.4. below, the customer may make one or more Revision Requests to the delivered Text to (i) comply with the criteria or requirements of the Order, or (ii) comply with the quality standard of the Text ordered by the customer. In this case, the customer must clearly and specifically describe in detail what exactly the customer needs changed or improved in the Text and submit such request to the author. If the author fails to modify or improve (or any iterations thereof) the Text in accordance with such Revision Request(s), the customer may reject the Text entirely, in which case the customer’s account will not be deducted for the fees to develop the Text. You agree that Textbroker may make the final decision as to whether the customer’s rejection of the Text is justified, and you agree to accept such decision as final and binding on you.
  4. The customer typically has 72 hours from the time the customer receives the Text in its account to reject or accept a Text or make a Revision Request. These timeframes may be extended (for example, over a holiday weekend) or adjusted from time-to-time, upon notice by Textbroker to you either via email or via a notice in your customer account. If the customer does not reject the delivered Text or make a Revision Request within such timeframes, Textbroker will irrevocably deem the Text to be accepted by the customer and charge the customer’s account for the cost of Developing the Text. Textbroker can notify you via email when Texts are ready (although such notifications may be turned off by you); however, please check your account regularly for completed Texts – Textbroker shall have no liability for notifying you when Texts are delivered.

 

VI. Grant of Rights to the Customer

  1. Subject to payment in full of the fees to develop the Texts Ordered by the customer, Textbroker hereby grants to the customer a worldwide, sole and exclusive, license and right to publish, perform, display, reproduce, distribute, modify, create derivative works and sell the delivered and approved Text Ordered by the customer in any type of media, including, but not limited to, print and/or online media, in whole or in part, via all electronic, online, or any other media, now known and hereafter developed, throughout the world. Until a Text that the customer Ordered is (a) approved by the customer or deemed approved; and (b) paid by the customer in full, the customer has no rights whatsoever in the Text Ordered by the customer. Textbroker reserves the right to enforce all violations of these Terms of Service by customer against customer.
  2. You agree you do not have the right and cannot be identified as the author of the Text you Ordered, unless you have the express written consent of the original author (when you place the Order, in your instructions, request such consent and set the author’s agreement as a condition of the author fulfilling such Order: for example, “By accepting this order, you agree that I may name myself and/or others as the author of the text you write, including any modifications to or derivative works from such text”). If the author accepts an Order that clearly states in the instructions that the author must give his or her consent to allow you to be identified as the author of the Text, then you may place your name, or any name, as the author of the Text.

 

VII. Payment

For each submitted and accepted Text, the customer will pay us a one-time payment for the author’s services rendered. For Self-Service Orders, the payment is the product of two factors: (1) the lesser of the number of words of the Text and the maximum number of words requested by the customer; and (2) the price per word as set by us for OpenOrders, by you for TeamOrders, or by the author for DirectOrders. You agree that Textbroker will charge and you will pay a processing fee and a commission in addition to the amount owed to the author, both of which will be included in your final price. Unless otherwise agreed, in order to be eligible to Order a Text, you must pre-pay all amounts set forth in this Section into your account, and such amounts will be reserved but will not be deducted until the Text is delivered and approved by you or deemed approved. You are responsible for payment of all applicable taxes and fees, whether collected by Textbroker or not, except for any taxes on Textbroker’s net income.

VIII. No Luring Away of Authors

During the term of this Agreement and for three years after the expiration or termination of this Agreement, you agree you will not directly or indirectly solicit, or assist in any way in the solicitation of, business or services from any of the authors, either for your own benefit or the benefit of any third party, or provide any business to the author other than through this Site, unless the business being provided or the services being solicited are not competitive with or the same or similar to the business of, or services or products provided by Textbroker or its affiliates as determined by Textbroker in its sole discretion. We provide a messaging system that enables customers to communicate with authors, if needed. You agree you will only communicate with authors through such messaging system. Every violation of this principle under VIII. will be deemed a violation of these Terms of Services by the customer. We reserve the right to enforce our rights and remedies under this Agreement, at law, and in equity against the customer. If you violate the terms of this Section, and an author provides services outside this Site, among other remedies, you shall pay Textbroker its 5-star OpenOrder client rate for each word written, in addition to a $500 administrative fee per article written and any of Textbroker’s costs (including legal fees) to collect such payments.

 

IX. Prohibited Use of this Site

The Texts, Site, and the Content (defined below) and Services are the sole and exclusive property of Textbroker and/or its licensors, including without limitation, all updates, improvements, corrections, modifications, alterations, revisions, extensions, updates, upgrades, patches, fixes, enhancements and derivative works of and to any of the foregoing irrespective of who performs same, and all patents, copyrights, moral rights, trademarks, service marks, logos, trade dress, database rights, trade secrets, and or other intellectual property rights, industrial rights, or intangible rights and other proprietary rights in or to any of the foregoing (“Proprietary Rights”). Other than the Texts you Order and accept from this Site, you agree not to reproduce, republish, upload, post, duplicate, distribute, modify, copy, alter, distribute, create derivative works from, sell, resell, transmit, transfer, display, download, perform, license, assign or publish, or exploit for any commercial purpose, any portion of the Site, Content or Services other than as expressly authorized by Textbroker in writing, including without limitation, posting or transmitting any advertising, sponsorships, or promotions on, in or through the Site, the Content or Services. You will be obligated to immediately destroy any information or Content you have downloaded, printed or otherwise copied from this Site. Use of the Site, and the Content and Services in any way not expressly permitted by these Terms is prohibited and may be actionable under United States or international law. “Content” means any and all content, comments, views, information, data, text, video, image, captions, music, sound, graphics, photos, software and software as a service offering (“Software”), interface, code, audio, sound, music, audio visual combinations, interactive features, feedback, documentation, photographs, discussions, news, articles, messages, postings, listings, and other materials, viewed on, accessed through, displayed on, posted to, transmitted, streamed, or distributed or otherwise made available through the Site, Services or the Communication Services (defined below) by users or other third parties.

You agree not to access the Site, and the Content and Services through any technology or means other than through the Site or other explicitly authorized means that Textbroker may designate. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Site, Content, or Service. Textbroker reserves the right to remove or suspend access to the Site, and the Content and Services for any reason or no reason without prior notice.

Other than the Texts you Order and accept from this Site, you agree that you will not remove, obscure, or modify any acknowledgements, credits or legal, intellectual property or proprietary notices, or marks, or logos contained on the Site, and the Content and Services. You agree not to collect or harvest any personally identifiable information from the Site or Services or the authors or other users, nor to use the communication systems provided by the Site or Services (e.g., comments) for any commercial solicitation purposes. You agree not to solicit for commercial purposes any users of the Site or the Services. In your use of the Site, Services or Content, you will comply with all applicable laws, regulations, rules, decrees, and ordinances.

You understand that when using the Site or Services, you will be exposed to Content and Texts from a variety of sources, and that Textbroker is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content or the Text. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, obscene, indecent, objectionable, sexually explicit, or that contains nudity, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Textbroker with respect thereto.

Special terms may apply to some products or services offered on the Site, or to any sweepstakes, contests, or promotions that may be offered on the Site. Such special terms (which may include official rules and expiration dates) may be posted in connection with the applicable product, service, sweepstakes, contest, promotion, feature or activity. By entering such sweepstakes or contests or participating in such promotions, you will become subject to those terms or rules. We urge you to read the applicable terms or rules, which are linked from the particular activity, and to review our Privacy Policy that, in addition to these Terms of Service, governs any information you submit in connection with such sweepstakes, contests and promotions. Any such special terms or rules are in addition to these Terms of Service and, in the event of a conflict, any such terms shall prevail over these Terms of Service.

You agree that the following actions are prohibited and constitute a material breach of these Terms of Service. This list is not meant to be exhaustive, and Textbroker reserves the right to determine what types of conduct it considers to be inappropriate use of the Site. In the case of inappropriate use, Textbroker or its designee may take such measures as it determines in its sole discretion. By way of example, and not as a limitation, you agree that when using the Site, Content or Services on the Site, you will not:

  1. Use the Site, Content or Services for any purpose or to take any actions in violation of local, state, national, or international laws, regulations, codes, or rules.
  2. Violate any code of conduct or other guidelines or terms that may be applicable for any particular Communication Service.
  3. Take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure or otherwise in a manner that may adversely affect performance of the Site or restrict or inhibit any other user from using and enjoying the Site.
  4. Aggregate, copy, duplicate, publish, or make available any of the accepted Texts, Content or Services or any other materials or information available from the Site to third parties outside the Site in any manner or any other materials or information available from the Site, except as permitted herein.

The Site may contain areas for you to leave comments or feedback, send emails, chat with users, bulletin board services, focus groups, forums, sweepstakes, contests, games, communities, calendars, and/or other message or communication facilities designed to enable you and others to communicate with Textbroker and the authors of the Site (collectively, “Communication Services”). The opinions expressed in the Communication Services reflect solely the opinion(s) of the users and may not reflect the opinion(s) of Textbroker. You acknowledge that your submissions to the Site may be or become available to others. You agree only to post, send and receive messages and materials that are in accordance with these Terms and related to the particular Communication Service.

Your use of the Software on the Site is subject to all agreements such as a license agreement or Terms of Service that accompanies or is included with the Software, documents, exhibits, and other terms and conditions that apply (“License Terms”). In the event that Software is provided on or through the Site and is not licensed for your use through License Terms specific to the Software, you may use the Software subject to the following: (a) the Software may be used solely for your personal or internal business use in connection with your use of this Site, and informational and noncommercial purposes; (b) the Software may not be modified or altered in any way; and (c) the Software may not be redistributed.

If you download Software from the Site, such Software is licensed on a limited basis to you by us or the owner of such Software. Title to the Software is not transferred to you. We retain all right, title and interest in and to the Software, and all intellectual property rights therein. You may not re-sell, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form, or transfer the Software to any third party.

X. Third-Party Fees

You acknowledge that access to this Site may involve third-party fees, such as Internet service provider or connection charges. You are solely responsible for these fees. In addition, you must provide and are responsible for all equipment necessary to access and use this Site or the Internet.

 

XI. Links and Third-Party Advertising

This Site contains or may contain links to other websites, including third-party advertisements. We want to highlight that we are not responsible or liable for such other websites or for their Terms of Services or Terms of Use. Such links do not imply endorsement of information or material on any other site, and Textbroker disclaims all liability with regard to your access to, use of or transactions with such linked websites. We do not screen or endorse such other websites. The linked sites are not under the control of Textbroker, and we are not responsible for the content available on third-party sites. Textbroker expressly disclaims any liability, directly or indirectly, for any damages, loss or other claim caused or alleged to be caused by or in connection with, access to, use of or reliance on the website or any Content or Services available on or through any other site or resource. Please read the Terms of Use or Terms of Services and Privacy Policy of each and every of such other websites carefully to find out how these other websites offer and condition their products and services. If you decide to access any such other websites, you do so entirely at your own risk.

 

XII. Usernames and Passwords

If a username or password is given to you by Textbroker, they shall remain the sole and exclusive property of Textbroker and are issued to you only in the form of a revocable license. You are required to keep the username and password confidential and are fully responsible for all uses of your password and transactions conducted in your account whether by you or others. You agree to (a) log out of your account at the end of each session; (b) keep your password confidential and not share it with anyone else; and (c) immediately notify Textbroker of any unauthorized use of your password or account or any other breach of security. Textbroker is authorized to act on instructions received through use of your password and is not liable for any loss or damage arising from your failure to comply with this Section. You agree not to circumvent, disable or otherwise interfere with security-related features of the Site, Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site, Service or the Content therein. Textbroker reserves the right to take appropriate steps against any person or entity that intentionally provides false or misleading information to gain access to portions of the Site that would otherwise be denied.

 

XIII. Copyright and Trademark Protection

Other than the Texts you Order and accept from this Site, you acknowledge and agree that, as between Textbroker and you, all right, title, and interest in and to the Site, and the Content and Services including without limitation any patents, copyrights, trademarks, trade secrets, inventions, know-how, and all other intellectual property rights are owned exclusively by Textbroker or its licensors, are valid and enforceable, and are protected by intellectual property laws and other applicable laws. Any attempt to use, redistribute, reverse engineer, or redesign the code, videos, graphics, applications, or modules contained on the Site for any other purpose is prohibited. Textbroker and its licensors reserve all rights not expressly granted in and to the Site, Service and Content.

    1. Copyright Protection
      Other than the Texts you Order and accept from this Site, as between you and Textbroker, you acknowledge and agree that this Site, all works, unaccepted Texts, Services, and Content included, contained or offered on or through this Site, in particular all literary works, pictorial and graphical works, text, graphics, logos, media, animation, photographs, images, video and audio clips, audiovisual works, music, button icons and other icons, streaming files and other data, animation or graphics, or any form of software files in object code or source code format and other information and materials are the property of Textbroker or its content suppliers and are protected by national and international copyright laws. The aforementioned copyright protection also refers to compilations or all forms of alteration of all Content on this Site. We reserve the right to report and prosecute offenders of our copyrights to the fullest extent possible under applicable law. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the Site, Service and Content are strictly prohibited. Notwithstanding the foregoing, your rights with respect to copyrights of Texts are governed by Section VI. of these Terms of Services.
    2. Trademark Protection
      All logos, slogans, trade names and trade dress and other trademarks and service marks used on this Site (“Marks”) are proprietary to Textbroker or its licensors protected by national and international trademark and service mark laws. These Marks may not be used except with express written permission from the owner of these Marks. Without limiting the foregoing, “Textbroker” is the registered trademark of Textbroker. Unauthorized use of any trademark of Textbroker may be a violation of federal or state trademark laws. Any third party names or trademarks referenced in the Site do not constitute or imply affiliation with, endorsement of, or recommendation by Textbroker. You are not allowed to do anything that may cause confusion among consumers with respect to the aforementioned trademarks and service marks.

 

XIV. Disclaimer of Warranty

THIS SITE AND THE SERVICE OF THIS SITE AND ALL CONTENT AND MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN ‘AS IS, AS AVAILABLE’ BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS, TITLE, NON-INFRINGEMENT, MISAPPROPRIATION, OR VIOLATION OF A THIRD PARTY’S RIGHTS, OR FREEDOM FROM COMPUTER VIRUS OR DISABLING OR HARMFUL CODE, OTHER THAN THOSE THAT ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW IN YOUR JURISDICTION. YOU EXPRESSLY AGREE THAT USE OF THIS SITE OR ANY OF THE MATERIALS CONTAINED THEREIN IS AT YOUR DISCRETION AND AT YOUR OWN AND SOLE RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THIS SITE OR THE EMPLOYEES OR AFFILIATES OF THIS SITE SHALL CREATE OR IMPLY A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF LIABILITY OF TEXTBROKER.

TEXTBROKER MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT ANY OTHER WEBSITE THAT YOU MAY ACCESS THROUGH THIS SITE. WHEN YOU ACCESS THIS SITE THROUGH ANOTHER WEBSITE, PLEASE BE AWARE THAT IT IS COMPLETELY INDEPENDENT; TEXTBROKER HAS NO CONTROL OVER THE CONTENT ON THAT OTHER WEBSITE. TEXTBROKER IS NOT RESPONSIBLE TO YOU FOR ANY TRANSMISSION, DOWNTIME, ACCESS, OR AVAILABILITY PROBLEMS OF THIS SITE OR THE CONTENT. TEXTBROKER DOES NOT WARRANT THAT THIS SITE OR ITS SERVICES OR CONTENT AND YOUR USE OF THE FOREGOING WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT DEFECTS THEREIN OR THERETO WILL BE CORRECTED. YOU ALSO ACKNOWLEDGE AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF MATERIAL OR DATA THAT YOU MAY FIND IN OR ON THIS SITE. YOU EXPRESSLY AGREE THAT YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR THE BACK-UP OF YOUR DATA AND INFORMATION AND TEXTS AND IN NO WAY WILL TEXTBROKER BE LIABLE FOR ANY LOSS, DESTRUCTION, OR CORRUPTION OF YOUR DATA OR INFORMATION OR TEXTS.

TO THE FULLEST EXTENT PERMITTED BY LAW, TEXTBROKER EXCLUDES ALL WARRANTIES, CONDITIONS, TERMS OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL, CONFIDENTIAL AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES OR SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SITE OR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY TEXT OR CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF ANY TEXT OR CONTENT OR THE USE OF ANY TEXT OR CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES OR SITE. TEXTBROKER DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, APPLICATIONS, OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR SITE OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND TEXTBROKER WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION OR COMMUNICATION BETWEEN YOU AND AUTHORS AND ANY OTHER USERS OR THIRD-PARTY PROVIDERS OF PRODUCTS, APPLICATIONS, OR SERVICES.

Without limiting the foregoing, you are responsible for taking all necessary precautions to insure that any Content, Services, or access to the Site is free of viruses, disabling, or other harmful code.

XV. Limitation of Liability

    1. IN NO EVENT WILL TEXTBROKER OR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, AFFILIATES, AND THE SUCCESSORS AND ASSIGNS OF SAME (“REPRESENTATIVES”) BE LIABLE TO YOU, OR ANY OTHER THIRD PARTY FOR:
      • ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL LOSSES, EXPENSES, DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS OR GOODWILL, BUSINESS INTERRUPTION, LOSS OF PROGRAMS, DATA, OR INFORMATION, SOFTWARE, AND THE LIKE, ARISING OUT OF THE USE OR PERFORMANCE OF, OR INABILITY TO USE THIS SITE, THE TEXTS, CONTENT, MATERIALS OR ANY INFORMATION, SERVICES OR TRANSACTIONS PROVIDED OR OFFERED ON OR THROUGH THIS SITE OR DOWNLOADED FROM THIS SITE OR YOUR ACTS OR OMISSIONS, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT, (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY OR OTHERWISE OR ANY OTHER THEORY, EVEN IF TEXTBROKER OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR THE EXISTENCE OF ANY LIMITED REMEDY; AND
      • ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN OR ON THIS SITE, TEXT, CONTENT, THE MATERIALS, SERVICES, SOFTWARE AND/OR LISTINGS OR INFORMATION DOWNLOADED, PROVIDED, OR OFFERED THROUGH THIS SITE.

      IN NO EVENT SHALL TEXTBROKER’S AND ITS REPRESENTATIVES’ MAXIMUM TOTAL AGGREGATE LIABILITY FOR DIRECT DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE, THE SITE, OR TEXT, CONTENT, MATERIALS, SERVICES, OR PRODUCTS PROVIDED ON OR THROUGH THE SITE EXCEED THE TOTAL AMOUNT OF COMMISSIONS ACTUALLY RECEIVED BY TEXTBROKER FOR THE SERVICES THAT TEXTBROKER PROVIDED TO YOU, IF ANY, DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE OCCURRENCE OF THE EVENT THAT GAVE RISE TO SUCH LIABILITY.
      BECAUSE SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, TEXTBROKER’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

    2. THIS SITE IS ONLY A PLATFORM. EACH AUTHOR REGISTERED ON OR WITH THIS SITE IS SOLELY RESPONSIBLE FOR HIS/HER OWN PROFILE AND CONTENT. ALSO, EACH AUTHOR IS SOLELY RESPONSIBLE FOR THE QUALITY, ACCURACY AND LEGALITY OF HIS/HER TEXTS. WE EXPLICITLY WANT TO HIGHLIGHT THAT BOTH THE AUTHOR AND THE CUSTOMER SHALL ALWAYS BE AWARE OF AND ABIDE BY THE FTC-RULES, IN PARTICULAR, WITHOUT LIMITATION, “THE GUIDES CONCERNING THE USE OF ENDORSEMENTS AND TESTIMONIALS IN ADVERTISING” (FEDERAL TRADE COMMISSION 16 CFR Part 255) THAT, FOR EXAMPLE, CAN BE FOUND ON THE WEBSITE OF THE FEDERAL TRADE COMMISSION (see www.ftc.gov).
    3. TEXTBROKER OR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS AFFILIATES, AND THE ASSIGNS OF SAME ARE IN NO WAY RESPONSIBLE FOR ANY OF THE TEXTS SENT THROUGH THIS SITE. THIS SITE IS IN NO WAY RESPONSIBLE FOR ANY CONSEQUENCE(S) IF ANY OF THE TEXTS ARE REJECTED OR DENIED ACCORDING TO THIS SITE’S STANDARDS OR DISCRETIONS OR IF THE TEXTS ARE NOT PUBLISHED LATER.
    4. TEXTBROKER OR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS AFFILIATES, AND THE ASSIGNS OF SAME ARE IN NO WAY RESPONSIBLE FOR THIRD-PARTY SERVICES OFFERED ON OR USED BY TEXTBROKER. THE RESPECTIVE THIRD PARTY IS SOLELY RESPONSIBLE FOR ITS OWN SERVICES E.G. A THIRD PARTY PAYMENT PROVIDER. WE DO NOT WARRANT OR REPRESENT ANY OF ITS SERVICES IN ANY WAY OR FORM.
    5. YOU SPECIFICALLY ACKNOWLEDGE THAT TEXTBROKER SHALL NOT BE LIABLE FOR THE CONTENT OR TEXT IN ANY WAY OR THE DEFAMATORY, INDECENT, OFFENSIVE, OBSCENE, INDECENT, SEXUALLY EXPLICIT, PORNOGRAPHIC, NUDE, OR ILLEGAL MATERIALS, DATA, OR INFORMATION CONTAINED IN THE CONTENT OR TEXT SUBMITTED BY YOU OR ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

 

XVI. Indemnity

You agree to defend, indemnify, and hold harmless Textbroker, its officers, directors, shareholders, representatives, employees, affiliates, licensees, partners, independent contractors, telecommunication providers, and agents, and others acting in concert with it, from and against any and all claims, losses, liabilities, damages, obligations, demands, debts, and expenses and other costs, including, without limitation, reasonable legal, attorneys’ and accounting fees, arising out of or otherwise related to these Terms Of Services, including, without limitation, (a) any breach or violation by you of these Terms Of Services and any other terms set forth on the Site, including without limitation, the representations and warranties herein; (b) any breach or violation by you of any applicable laws, statute, codes, rules, ordinance or regulation of any jurisdiction; (c) your Orders, Texts, or your non-payment for delivered and accepted Texts; (d) any claim that your Orders or Texts or the content therein or your conduct caused damage to a third party or Textbroker, including without limitation, breach, infringement, misappropriation, or violation of a third party’s rights or the rights of Textbroker, including without limitation, Proprietary Rights or rights of publicity or privacy or contract rights or that the Texts contain any libelous, defamatory, obscene, indecent, or sexually explicit materials; or (e) your use of the Site, Content, Texts, or Services or your acts or omissions with respect thereto. Textbroker will notify you by e-mail of any such claim or suit, and cooperate, at your expense, in the defense of such claim or suit. Textbroker may participate in the defense of such claim or defense at its own expense, and choose its own attorney or other legal counsel, but is not forced or obligated to do so.

XVII. Force Majeure

Textbroker is and shall not be responsible or liable for any failure to perform due to unforeseen circumstances or to causes beyond Textbroker’s reasonable control, including but not limited to:

  • Acts of God, such as fire, flood, earthquakes, hurricanes, accidents, tropical storms or other natural disasters;
  • War, riot, arson, embargoes, acts of civil or military authority, or terrorism;
  • Fiber cuts or any other interruption to internet service;
  • Strikes, or shortages in transportation, facilities, fuel, energy, labor or materials;
  • Failure of the telecommunications or information services infrastructure or utilities;
  • Governmental act, failure of or interruption in common carriers; and
  • Hacking, SPAM, or any failure of a computer, server or software.

 

XVIII. No Agency Relationship

Nothing in these Terms of Services shall be deemed to constitute, create, imply, give effect to, or otherwise recognize an agency, partnership, employment, joint venture or formal business entity of any kind between the author and the owner of this Site. The rights and obligations of the parties shall be limited to those expressly set forth herein. There are no third party beneficiaries under these Terms of Service, including without limitation, the authors. Textbroker is an independent contractor.

XIX. Termination of Account / Maintenance Fee After 2 Years of Inactivity

Without limiting any other rights or remedies Textbroker may have under these Terms of Services, at law and in equity, Textbroker may issue a warning or terminate your account or your access to or use of this Site, the Content, or Services or these Schedule of Services at any time, with or without advance notice, if:

  • We believe that you have breached any term of these Terms of Services or any other terms on this Site;
  • There has been any unauthorized conduct by you or misuse of this Site, the Services or Content;
  • We are unable to verify or authenticate any information you provide to us;
  • We decide to stop operating this Site entirely or parts thereof.

You agree and acknowledge that neither Textbroker nor any third party acting on our behalf shall be responsible or liable to you for any termination of your membership or account or access to this Site. After termination by us, re-registration of you as a user of this Site is strictly forbidden unless permitted in writing by us. Textbroker and its affiliates disclaim any and all liability or responsibility arising from fraudulent access to and use of this Site. In case of fraud, we reserve the right to take all necessary and appropriate actions under applicable federal, state, and international laws.

If your account has been inactive for at least two years (defined as more than two years passing from the later of: a) the date you opened the account or b) the date of your last funding of the account), Textbroker shall charge a maintenance fee equal to the lesser of $50 per month, or the remaining balance in your account, until your balance is $0. In no case would you owe more than the remaining balance in your account. In such instance, before implementing a maintenance fee, Textbroker shall attempt to contact to you via email, but if our email to the email address in your account is returned as undeliverable or you do not reply to our email within ten business days, Textbroker may charge the maintenance fee and once the balance is $0, close the account and shall have no liability to return the remaining balance at the time we attempted to contact you. Textbroker reserves the right to charge such fees quarterly (i.e., a $150 fee after three months have passed since our email to you) or annually (i.e., a $600 fee after 12 months have passed since our email to you).

XX. Notice

Any notice required to be given under these Terms of Services may be provided by email to a functioning email address of the party to be noticed, by a general posting on this Site, or personal delivery by commercial carrier such as FedEx, DHL, or Airborne. Notices by you to us shall be sent in hard copy to the address set forth at the beginning of the Terms of Use unless otherwise specified in these Terms of Services. Any correctly addressed notice to you that is refused, unclaimed, or undeliverable because of an act or omission of you shall be deemed effective and received as of the first date that said notice was refused or deemed undeliverable by the postal authorities, messenger, fax machine, email server, or overnight delivery service. You agree that even if you have opted out of newsletters or other promotional emails that we send to you, for as long as your account is active, we shall have the right to send you emails as a result of your activity on the Site (for example, the completion of a Text that you ordered) and to update you on changes to our service (for example, a change in our standard prices).

XXI. Exclusion of Certain International Provisions

Textbroker and you agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to these Terms of Services.

XXII. Rights to Injunctive Relief

Textbroker and you acknowledge and agree that remedies at law may be inadequate to provide an aggrieved party with full compensation in the event of the other party’s breach of these Terms of Services, and that an aggrieved party shall therefore be entitled to seek injunctive relief in the event of any such breach, in addition to seeking all other remedies available at law or in equity.

XXIII. Attorney’s Fees

In the event any party (you or Textbroker) shall commence any claims, actions, formal legal action, or arbitration to interpret and/or enforce these Terms of Services or issues relating thereto, including without limitation claimed breaches of representations and warranties, the prevailing party in any such action or proceeding shall be entitled to recover, in addition to all other available damages or other relief, its reasonable attorney’s fees and costs incurred in connection therewith, including attorney’s fees incurred on appeal.

XXIV. Assignment

These Terms of Services will be binding upon the permitted successors and assigns of the customer, and any successor or assignee of Textbroker. Any such successor or assignee of Textbroker will be deemed substituted for Textbroker under the terms of this Terms of Services for all purposes. For this purpose, “successor” means any person, firm, corporation, or other business entity that at any time, whether by purchase, merger, or otherwise, directly or indirectly acquires all or substantially all of the assets or business of Textbroker. None of the rights of the customer may be assigned or transferred without the express prior written agreement of Textbroker, which agreement shall not be unreasonably withheld. Any attempted assignment, transfer, conveyance, or other disposition of the customer’s rights or obligations in contravention of this paragraph will be null and void and of no effect.

XXV. Severability

If any provision of these Terms of Services shall be held to be invalid or unenforceable for any reason, or any portion thereof, the remaining provisions shall continue to be valid and enforceable to the maximum extent permissible and the remainder of these Terms of Services will continue in full force and effect.

XXVI. No Waiver

Failure by either party to enforce any provision of these Terms of Services will not be deemed a waiver of future enforcement of that or any other provision, unless made in writing and signed by the party to whom the waiver is to be enforced against. No waiver of one breach shall constitute a waiver of subsequent breaches of the same or of a different nature.

XXVII. Headings

Section and subsection headings of these Terms of Services are inserted for convenience only and shall not be deemed to constitute a part hereof nor to affect the meaning thereof.

XXVIII. Entire Agreement

These Terms of Services constitute the entire agreement between Textbroker and you with respect to your access and use of this Site and the Content and Services contained therein, and your membership with this Site, and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of these Terms of Services shall be binding unless in writing and signed or approved by Textbroker. You acknowledge, represent and warrant that you have read these Terms of Services and agree to be bound by them as part of and in consideration of using this Site and, if you have become a member of this Site, of your membership. Textbroker’s rights and your obligations hereunder shall survive the termination of these Terms of Service.

XXIX. Governing Law and Disputes

These Terms of Service shall be governed by, and will be construed under, the laws of the State of New York, U.S.A., without regard to choice of law principles. You irrevocably agree that any and all disputes that may arise out of, under, or in connection with these Terms of Service shall be adjudicated exclusively in the federal and state courts located in New York County, New York, and you hereby irrevocably consent to jurisdiction in those courts for such purposes. You further agree to waive any objection to venue in such courts and any objection to such courts based on the ground of inconvenient forum. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE WITH RESPECT TO THESE TERMS, THE SITE OR THE CONTENT OR SERVICES MUST BE COMMENCED WITHIN SIX (6) MONTHS AFTER THE CLAIM OR CAUSE OF ACTION ARISES OR SUCH CLAIM OR CAUSE OF ACTION SHALL BE BARRED.

This Site is controlled within the United States of America and directed to individuals residing in the United States. Those who choose to access the Site from locations outside of the United States do so on their own initiative and are responsible for compliance with local laws if and to the extent local laws are applicable. Textbroker does not represent that the Site, Content, or Services are appropriate outside the United States of America. Textbroker reserves the right to limit the availability of the Site to any person, geographic area or jurisdiction at any time in its sole discretion. The Software (if any) is further subject to United States export controls. No Software may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. If you download or use any Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

XXX. Notice and Procedures for Making Claims of Copyright or Intellectual Property Infringement

Textbroker may, in appropriate circumstances and at its sole discretion, disable and/or terminate use of the Site, Content, or Services by users who infringe the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Textbroker’s Copyright Agent a Notice containing the following information:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. A description of the copyrighted work or other intellectual property that you claim has been infringed;
  3. A description of where the material that you claim is infringing is located on the Website (providing URL(s) in the body of an email is the best way to help Textbroker locate content quickly);
  4. Your name, address, telephone number, and email address;
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

If you believe in good faith that a notice of copyright infringement has been wrongly filed by Textbroker against you, the DMCA permits you to send Textbroker a counter-notice.

Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov/ for details. Notices of claims of copyright or other intellectual property infringement and counter-notices should be sent to.

Mailing Address:

8076 West Sahara Avenue
Las Vegas, Nevada 89117

Telephone: 702.534.3832

Email: clients@textbroker.com

Make sure you know whether the Content that you have seen on Textbroker infringes your copyright. If you are not certain what your rights are, or whether your copyright has been infringed, you should check with a legal adviser first. Be aware that there may be adverse legal consequences in your country if you make a false or bad faith allegation of copyright infringement by using this process.

Please also note that the information provided in this legal notice may be forwarded to the person who provided the allegedly infringing Content.

XXXIII. Privacy Policy

This Site’s Privacy Policy is available by clicking on the link “Privacy Policy”. Please read the Privacy Policy Section carefully before using this Site. By using, accessing or viewing this Site or the Content or Services on this Site, you signify your agreement to the Privacy Policy. If you do not agree with the Privacy Policy, you are not authorized to use the Site or the Content or Services on this Site. The terms of the Privacy Policy are incorporated herein by this reference. Do not provide any personal information to authors or other users of the Site.

XXXII. Ability to Accept Terms of Service

You represent and warrant that you are either at least 18 years of age (or for jurisdictions in which 18 years old is not the age of majority to legally enter into binding contracts, at least such age of majority for your jurisdiction), or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. You acknowledge that we have given you a reasonable opportunity to review these Terms of Service and that you have agreed to them.

TERMS OF SERVICES FOR AUTHORS

Effective Date: May 15, 2017
THIS WEBSITE, AND ALL OF ITS APPLICATIONS, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THE WEBSITE, IS AN ONLINE SERVICE PLATFORM AND SERVICE OWNED AND OPERATED BY TEXTBROKER.COM (“SITE”).

The current owner of this Site is:
Textbroker International LLC (“Textbroker,” “we,” or “us”)
8076 West Sahara Avenue
Las Vegas, Nevada 89117

PLEASE READ THESE GENERAL TERMS OF SERVICES (“TERMS OF SERVICES”) CAREFULLY BEFORE USING, ACCESSING, OR VIEWING THIS SITE, ITS CONTENTS OR ANY SERVICES OFFERED BY THIS SITE. THIS SITE AND THE SERVICES ON THIS SITE ARE SUBJECT TO THESE TERMS OF SERVICE.

BY USING, VIEWING, OR ACCESSING THIS SITE OR ANY PAGES THEREOF OR PRODUCTS OR SERVICES OFFERED BY THIS SITE, OR PRINTING, DOWNLOADING, OR OTHERWISE USING, VIEWING, OR ACCESSING ANY SERVICE FROM OR ANY CONTENT AVAILABLE ON OR THROUGH THIS SITE, OR REGISTERING OR BECOMING A MEMBER OF THIS SITE, OR IF PRESENTED WITH A CHECK BOX AND STATEMENT THAT REQUESTS THAT YOU (“YOU” OR “THE AUTHOR”) CONFIRM YOU HAVE READ AND UNDERSTOOD THESE TERMS OF SERVICE AND YOU CHECK THE CHECK BOX, YOU EXPRESSLY SIGNIFY YOUR ASSENT TO, UNDERSTANDING OF, AND AGREEMENT TO BE LEGALLY BOUND BY THESE TERMS OF SERVICES. IT IS THE EQUIVALENT OF MANUALLY SIGNING A PAPER COPY AND ENTERING INTO A LEGALLY BINDING CONTRACT BETWEEN YOU AND TEXTBROKER. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF SERVICES, PLEASE DO NOT ACCESS, USE OR REGISTER WITH THIS SITE OR ANY PRODUCTS OR SERVICES OFFERED BY THIS SITE, OR WHEN PRESENTED WITH A CHECK BOX AND A STATEMENT THAT REQUESTS THAT YOU CONFIRM YOU HAVE READ AND UNDERSTOOD THESE TERMS OF SERVICE, DO NOT CHECK THE CHECK BOX.

I. Nature of this Site

  1. This Site offers a platform for authors to give them the opportunity to sell the texts, lyrics, materials, documents, content, or articles written or produced by them (“Texts”) through this Site to customers of Textbroker (“customers”) for payment. Texts accepted by such customers may be published by such customer on other websites or in other media or formats depending on the nature and quality of the Text.
  2. The author is an independent contractor hired and compensated through us for his/her services rendered. See also Section XVII. We then license the Texts to customers.
  3. The author has no right to have his/her Text published by the customer. You acknowledge and agree that we may, in our sole discretion, reject Texts submitted by you without any explanation or reason. We, or the customer we licensed your Text to, shall have no obligation to publish any of your Text and, if published, may cease publication of any of your Texts at any time.
  4. Our customer has certain approval or rejection rights against you and the original creator of the Text. For details, please see Section VI.
  5. The author has no right to publish, distribute, or display the customer’s description of the customer’s order without the prior express written consent of the customer and hereby agrees to keep confidential all information about the order, the Text itself and the name and identity of the customer. The author shall be liable for any breaches of such confidentiality. At the request of Textbroker, all of the information provided by Textbroker and the customer (including copies and recordings) shall be returned or destroyed immediately.
  6. Please carefully read Sections XIV and XV of these Terms of Services for our disclaimer of warranty and our limitation of liability.

II. Updates and Revisions of our Terms of Services

This Site may revise and update its Terms of Services at any time without notice by posting such revised or updated Terms of Services on or at this Site. For registered authors, Textbroker shall provide notice about any revisions or updates by sending such notice via email to the login email address listed in your author account. Any changes to these Terms Of Services will become effective upon posting such revisions or updates. You are required to periodically check our Terms of Services for any changes if you continuously use this Site. Your continued usage of this Site or any of its goods and services will mean that you accept those changes.

III. Access to this Site; Registration

    1. To access this Site or some of the Content it offers or provides you with, you need to first register with this Site and provide us with certain registration data (name, address, email address, etc.) or other information. Such a registration is in particular necessary if you want to write Texts ordered by customers through this Site. If you would like to register for this Site, please use our online form on this Site.
    2. After registration, we will verify the email address you provided us with. We will then ask you to write a short first Text to judge your writing skills. After reviewing this Text, we may, at our sole discretion, fully open an author account on this Site for you. You will receive an initial quality rating from us. We reserve the right to restrict the number of Texts you may write as we further evaluate your writing. We have the right but not the obligation to evaluate the quality of your Texts on an ongoing basis and at any time, and to change your quality rating at our sole discretion. We also reserve the right to change the methodology we use to determine your quality rating at any time. You agree that you shall accept the quality rating we determine for you, and you have no rights to damages or other remedies if we change or do not change your quality rating.
    3. This Site may contain features that require registration (e.g., when you register for an account). You agree that the registration data or other information you provide to us MUST be accurate, current, and complete. If this turns out not to be the case or if we suspect that this is not the case, we have the unconditional right to terminate or suspend your access to this Site or any of its Content or Services or account, to terminate or suspend your access to, use of, or membership with this Site, Content, or Services at any time, and to refuse to pay any unpaid earnings for Texts and, if required by law, demand repayment by you of payments previously made to you for tax collection or other reasons.
    4. We have the right to reject your application for registration with this Site or terminate your account for any reason or no reason, with no liability to you. It is left to our sole discretion if we want to accept the application by an author or any other applicant to be registered with this Site. You agree you will not accept requests to write academic papers or homework from customers or Texts of a sexually explicit, indecent, obscene, or illegal nature. If you see such a request, you should notify us at authors@textbroker.com.
    5. Textbroker reserves the right at any time and from time to time to modify, suspend, block, terminate, or discontinue, temporarily or permanently, the Site, Content, or Services, or any portion thereof, with or without notice. You agree that Textbroker will not be liable to you or to any third party for any modification, suspension, blocking, termination, or discontinuance of the Site, Content, or Services.

IV. Submitting Texts

  1. As an author, you are required to submit Texts to us by typing or pasting them into a textbox interface provided in your account.
  2. You represent and warrant that:
    (a) Each Text you submit to us does not infringe upon, misappropriate, breach or violate any rights of any third person, including without limitation, copyrights, moral rights, trademarks, patents, service marks, logos, trade dress, database rights, trade secret rights, privacy rights, publicity rights, libel rights, contract rights and any other intellectual property or intangible rights of any kind or nature;
    (b) Your Text contains true, accurate, and complete information and data, is your own original work and you are the sole author of the Text, and that you and any other person mentioned or shown in your Text release any and all claims concerning Textbroker’s or its designees’ use, posting, publishing, copying, modification, transmission, or distribution of the Text or any part thereof;
    (c) All material, information, and data in the Text is original and previously unpublished except for material in the public domain and such excerpts from other works may only be included with the written consent of the copyright owner;
    (d) You (i) either own or have all rights, title, and interest, including all intellectual property rights, in and to your Text; (ii) hold all rights, licenses, approvals, consents and releases concerning the contents of your Texts as are necessary for you to transfer and assign to and to grant to Textbroker the rights transferred, assigned, or granted to Textbroker under this Agreement; and (iii) hold all necessary consents, licenses, approvals, and rights to post, upload, modify, publish, distribute, or transmit your Text. You agree that you are solely responsible for your Text and the consequences of submitting, transmitting, distributing, or publishing your Submission on the Site. None of the Text will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part, and Textbroker will not be liable for any use or disclosure of any Text;
    (e) You will not publish, post, upload, distribute, disseminate, or transmit, and the Texts will not contain, any content, information, data, text, images, graphics, or materials (or a link to materials) that (i) are pornographic, obscene, indecent, slanderous, libelous, defamatory, fraudulent, untrue, inaccurate, misleading, hateful or unlawfully threatening, abusive, harassing, violent, sexually explicit, nude, or in any way degrading to human nature or harmful or indecent to minors; (ii) violate any laws, statutes, codes, rules, ordinances or regulations of any jurisdiction or promote illegal activities; (iii) discriminate based on race, sex, religion, nationality, disability, sexual orientation, or age; (iv) include any of Textbroker’s trademarks, service marks, trade names or logos, without Textbroker’s prior written consent; (v) include or link to any program, file, data stream or other material that contains viruses, worms, trojan horses, date bombs, time bombs, corrupt files, or disabling code, or any other items of a destructive nature or programs designed to interrupt, destroy, or limit the functionality of any computer or telecommunications software or hardware; and (vi) contain any unsolicited advertising or promotional materials, spam, pyramid schemes, chain letters, or similar forms of unauthorized advertising or solicitation or conduct or forward surveys;
    (f) These Terms of Service have been duly and validly executed and delivered by you and constitutes your legal, valid and binding obligation, enforceable against you in accordance with its terms; that the execution, delivery and performance by you of this Terms of Service are within your legal capacity and power; have been duly authorized by all requisite action on your part and do not require the approval or consent of any other persons, and that your execution of these Terms of Service do not conflict with or result in any breach or violation of any terms or conditions of, or constitute a default under any instrument, contractor other agreement to which you are a party, and there are no rights outstanding that would diminish, encumber or impair the enjoyment or exercise of rights and licenses granted to Textbroker hereunder.
  3. In the event you violate these Terms of Service, we will have the right to terminate or suspend your account, terminate or suspend your membership and deny you access to our Site, or the Content, or Services, with no liability for us to you.

V. Rights Concerning Texts

  1. You acknowledge and agree that your sole and exclusive compensation for your services rendered and for the rights to the Text transferred and/or granted in accordance with this Agreement are the amounts set forth at https://www.textbroker.com/authors-payments-conditions, the amounts of which you agree are good, valuable, and sufficient consideration. As an independent contractor, you are responsible for any and all income and/or sales taxes required on freelance income. Textbroker does not withhold income tax from your earnings.
  2. You acknowledge and agree that, as between you and Textbroker, once Texts have been accepted by customers, Textbroker and its successors and assigns are the sole and exclusive owners, in perpetuity and throughout the universe, of any and all Texts and all patents, copyrights, moral rights, trademarks, service marks, logos, trade dress, database rights, trade secrets, and or other intellectual property rights, industrial rights, or intangible rights and other proprietary rights therein or thereto (including without limitation, any and all improvements or modifications to or derivative works of any of the foregoing), in any state of development or form or media, that have been authored, developed, or produced by or for you (alone or with others) (collectively, “Proprietary Rights”), free of any encumbrances, liens, covenants, conditions and restrictions, registrations or other adverse claims interests of any kind or nature by you or any other person or entity. All Property Rights in and to all Texts in each case shall vest in Textbroker and its customers on the date each Text is developed or produced on a continuous basis.
  3. You acknowledge and agree that your Texts are “works made for hire” for Textbroker and its customers and that Textbroker and its customers shall be deemed to be the sole “author” of the Text as that term is defined by the United States Copyright Act as amended or superseded and by any similar or analogous law or statute of any other jurisdiction. You agree to and hereby irrevocably and exclusively assign and transfer to Textbroker and its customers and our and their successors and assigns, without additional consideration, all right, title and interest throughout the universe in and to each and all of the Texts and the to Proprietary Rights therein (including, without limitation, all copyrights to the extent that the Text is not deemed to be a work made for hire for Textbroker under the law of any jurisdiction) in perpetuity. You expressly acknowledge and agree that this is an assignment and transfer of all rights, title and interest in the Texts, including without limitation, all Proprietary Rights, and not a mere license, and that you (and your contractors or personnel) are not retaining any interest in the Texts.
  4. Any assignment to Textbroker and its customers of the Texts includes any and all rights of attribution, paternity, integrity, modification, disclosure and withdrawal, and any other rights throughout the universe that may be known as or referred to as “moral rights,” “artist’s rights,” “droit moral,” or the like (collectively, “Moral Rights”). To the extent, if any, that you may be deemed under applicable law to retain Moral Rights or any other right, title or interest in or to the Texts notwithstanding the terms of these Terms of Service, to the fullest extent permitted by applicable law, you hereby (a) unconditionally and irrevocably waive and agree not to enforce any and all such rights and interests, including without limitation any right to identification of authorship or limitation on subsequent modifications that you may have in the Texts; (b) agree, at Textbroker’s request and expense, to consent to and join in any action to enforce such rights against others; and (c) hereby grant to Textbroker and its customers and its and their successors and assigns an irrevocable, perpetual, sole and exclusive, fully paid-up, royalty free, transferable, assignable, sublicensable (through multiple levels of sublicensees, including without limitation, customers), right and license throughout the universe to use, copy, reproduce, distribute, display, publish and perform (whether publicly or otherwise), transmit (electronically or otherwise), prepare derivative works of and otherwise modify, adapt, edit, make, have made, sell, offer to sell, import and otherwise use and exploit (and have others exercise such rights on behalf of Textbroker or its successors or assigns) all or any portion of the Texts, in any form or media (including without limitation, online, electronic, or print) whether now known or later developed, such grant being made in each case as of the time the Text is developed or produced on a continuous basis. You acknowledge and agree that the foregoing license includes, without limitation, the right of Textbroker and its customers and their licensees to make any modifications to and derivative works of all or any portion of the Texts in any way or form, including, without limitation, the making of additions to or deletions from the Texts, regardless of the medium (now or hereafter known) into which the Texts may be modified and regardless of the effect of such modifications on the integrity of the Texts, and to identify you or not to identify you, as one or more authors of or contributors to the Texts or any portion thereof, whether or not the Texts or any portion thereof have been modified. If under applicable law Textbroker’s present assignment or waiver above is deemed invalid or insufficient, you consent to the use, misappropriation, and infringement by Textbroker, its affiliates, licensees, and customers of the Texts and any Proprietary Rights in the Texts. You represent and warrant that you have all rights, title, and interests to grant the rights and licenses set forth in these Terms of Service.
  5. You will assist Textbroker in every manner (including without limitation, signing and delivering additional documents and giving evidence and testimony), if and as requested by Textbroker and its customers or its and their successors or assigns to establish Textbroker’s and its customers’ ownership of and other rights in all Texts and related Proprietary Rights in any and all jurisdictions. You hereby irrevocably appoint Textbroker and its customers and its and their successors and assigns and any of their respective officers as your attorney-in-fact to undertake such acts in your name.
  6. The author waives any Moral Rights or personal right to be named as the author of his/her Texts.
  7. You acknowledge and agree that we may accept or reject a submitted Text from the author in our sole and absolute discretion and without liability to you. We are under no obligation to accept, transmit, publish, or submit any Text, and the author has no right that his/her Texts will be accepted, transmitted, published, or submitted.
  8. You acknowledge and agree that we may remove, delete, block, suspend, terminate, or restrict access to or delete or modify your Texts for any reason or no reason, at any time, in our sole discretion.

VI. Delivery of the Ordered Text: Approval / Rejection by the Customer

  1. You acknowledge and agree that you will comply with the timeframes and wordcount for delivery of a completed Text as set by the customer and/or Textbroker. If you exceed such timeframe, you will not be paid for the Text. If you exceed the word count, you will not be paid for the additional words above the word count set by the customer.
  2. You acknowledge and agree that a customer may review and rate your Text. Textbroker will be in no way liable for any ratings provided by the customer.
  3. You acknowledge and agree that Textbroker may or may not pre-screen or monitor the Texts, but that it and its designees have the right (but not the obligation) in their sole discretion to pre-screen, monitor, refuse, delete, move, remove, suspend, block, and/or restrict access to the Texts, Site and any Content available via the Site.
  4. All Texts provided by you must be your unique work and cannot, in whole or in part, be the same as any existing published material, including a Text that you provided to us or published previously. You may make short quotations with proper attributions to the author, but you cannot quote several sentences or even an entire passage. Any quotes made by you must be properly attributed to the original author.
  5. Textbroker neither endorses nor is responsible for any content, data, or information in the Text. Textbroker is not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in the Texts or for any results obtained from the use of such Texts.
  6. A customer may, in its sole discretion, approve of or reject the Text. The customer may under certain criteria also ask for modifications to the Text.
  7. The customer has typically 4 but up to 8 days from the time the customer receives the Text to reject or accept a Text or ask for improvements. If the customer does not reject the delivered Text or asks for improvements within such timeframe, Textbroker may, in its sole discretion, deem the Text to be accepted by the customer and charge the customer’s account accordingly. These timeframes may be extended (for example, over a holiday weekend) or adjusted from time-to-time, or on a case-by-case basis, in which case you shall be notified by Textbroker via email or via the instructions for a particular Text, especially if a Text is for a Managed Client (a customer where Textbroker provides additional services such as proofreading, editing, compliance and/or other related services).
  8. A customer may reject the Text, if the Text does not (i) comply with the criteria or requirements of the order, (ii) the quality of the Text was not at the level ordered by the customer, or (iii) the customer provided a good faith and reasonable reason for the rejection. We may have the right but not the obligation to check the customer’s rejection of the Text. We may accept a rejection of the Text from the customer with no liability to you if:
    (a) the rejection is based on the terms of the original order or on circumstances that are known or would have been known to you, or
    (b) the customer describes why such terms or circumstances have not been met.
    If, in our sole discretion, we consider such rejection to be unjustified, we may charge the customer’s account as if the Text was approved by the customer. You agree, you will accept and not contest a rejection of the Text from the customer that was made in accordance with this Section. Instead of rejecting the Text entirely in accordance with this Section, the customer may request a modification or improvement to the Text. You agree that if presented with such a request, you will either (a) refuse, in which case you will not be paid for the Text and will retain all copyrights to the Text, or (b) at no additional cost, modify or improve the Text to comply with the customer’s requirements. If after such modification or improvement (or any iterations thereof) the Text fails to comply with the customer’s requirements, the customer may reject the entire Text, in which case, you will not be compensated for the Text or any modifications or improvements thereto and will retain all copyrights to the Text. You agree that Textbroker may make the final decision as to whether the customer’s rejection of the Text is justified, and you agree to accept such decision as final and binding on you.
  9. You must, within twenty four (24) hours of receiving a request via email to modify or improve the Text, either (a) refuse, in which case you will not be paid for the Text, or (b) perform such modification or improvement and resubmit such Text to the customer for acceptance. You will be deemed to have received such request upon the receipt of such email and such twenty four (24) hour period will start from such time. If (a) such revision, modification or improvement is not completed and resubmitted to the customer within such time frame, the order will be deemed to be an order that can be accepted by another author again, or (b) thereafter, you are unable to complete and resend such revisions or improvements to the customer prior to another author accepting such order, such order will be assigned to the accepting author and will no longer be assigned to you. You agree, in the event of Subsections 9(a) or (b), you will not receive any compensation for the Text. Please check your email on a regular basis to avoid non-compliance with such time frames.

VII. Payment to the Author

  1. For each submitted and accepted Text for OpenOrders, you will receive a one-time payment from us for your services rendered according to our payment schedule that you can find at https://www.textbroker.com/authors-payments-conditions. The payment amount is based on two factors: (1) the lesser of the number of finally published words and the maximum number of words requested by the customer; and (2) the quality level of and price per word agreed for the Text. Please be aware that Textbroker will charge the customer a commission and a processing fee, which will be included in the customer’s final price. You acknowledge and agree that we have no obligation to pay you in relation to any Texts, if and until such time that the customer expressly approves your delivered Text in writing or such Text is deemed accepted in accordance with Section VI.7. above. As an independent contractor, you are responsible for any and all income and/or sales taxes required on freelance income. Textbroker does not withhold income tax from your earnings.
  2. The payment to the author will be made according to the following guidelines, so long as you request payment via your Textbroker account within the required timeframe:
    • You can request a payoff to your PayPal account at any time as long as your Textbroker balance at the time of any payoff request is greater than $10.00;
    • Payoff requests made by 11:59pm PT on Thursday will be processed on Friday. Payoff requests made after 11:59pm PT on Thursday may have to wait until the following Friday. Payments are made exclusively by PayPal. There are no payment processing fees for being an author with Textbroker. We take on the transaction fee that PayPal charges. Textbroker strives to process payments each Friday; however, it shall not be liable for delays in payment whether as a result of issues with the Textbroker website or issues caused by PayPal. There are delays between the time Textbroker processes payments and the time PayPal credits an author’s PayPal account. While these delays are usually less than a few hours, they can be substantially longer, and Textbroker provides no guarantee of when funds actually will be delivered into an author’s PayPal account by PayPal. Textbroker reserves the right to change its payment schedule in the future but shall first notify you via email to the login email address listed in your author account;
    • Before you can be paid by Textbroker, you must submit a valid and accurate W-9 to us and provide us with a valid PayPal account where you wish to receive your payment.
    • If the payment amounts owed total less than $10.00, they will be withheld and aggregated and rolled over to the following payoff period(s) until a payment amount of more than $10.00 is reached; and then such amount will be paid out to the author according to the guidelines above. You agree that Textbroker may withhold any payment amounts that are under $10.00 as set forth in the foregoing sentence.
    • You will not be compensated for the Texts that we reject in our sole discretion or that do not comply with our standards of quality.
    • You agree Textbroker also has no obligation to pay you for Texts that infringe upon or misappropriates the rights of third persons, or that are discovered to have been written by automated means or contain gibberish or similar content meant merely to fulfill the minimum words requirement, or that are discovered to have been written by someone other than you (in other words, you may not outsource your account or your Texts to third parties). You agree to refund to Textbroker any payments paid to you for such Texts. In such event, Textbroker reserves the right to claim and enforce any further rights or remedies it may have against you under this Agreement, at law or in equity. See also Section XIV. of these Terms of Services.

VIII. No Luring Away of Clients

During the term of this Agreement and for two years after the expiration or termination of this Agreement, you agree you will not directly or indirectly solicit, or assist in any way in the solicitation of, business from any of the customers, either for your own benefit or the benefit of any third party, or provide any services or products to the customer other than through this Site, unless the business being solicited or services or products being provided is not competitive with or the same or similar to the business of, or services or products provided by Textbroker or its affiliates as determined by Textbroker in its sole discretion. We provide a messaging system that enables authors to respond to communications from specific customers, if needed. You agree you will only communicate with customers through such messaging system. Every violation of this principle under VIII. will be deemed a violation of these Terms of Services by the author. We reserve the right to enforce our rights and remedies under this Agreement, at law, and in equity against the author. If you violate the terms of this Section, and you directly or indirectly provide services outside this Site, among other remedies, you shall pay Textbroker its 5-star OpenOrder client rate for each word written, in addition to a $500 administrative fee per article written and any of Textbroker’s costs (including legal fees) to collect such payments.

IX. Prohibited Use of this Site

The accepted Texts, Site, and the Content (defined below) and Services are the sole and exclusive property of Textbroker and/or its licensors, including without limitation, all updates, improvements, corrections, modifications, alterations, revisions, extensions, updates, upgrades, patches, fixes, enhancements and derivative works of and to any of the foregoing irrespective of who performs same, and all Proprietary Rights to or in any of the foregoing. You agree not to reproduce, republish, upload, post, duplicate, distribute, modify, copy, alter, distribute, create derivative works from, sell, resell, transmit, transfer, display, download, perform, license, assign or publish, or exploit for any commercial purpose, any portion of the Site, accepted Texts, Content or Services other than as expressly authorized by Textbroker in writing, including without limitation, posting or transmitting any advertising, sponsorships, or promotions on, in or through the Site, the Content or Services. You will be obligated to immediately destroy any information or Content you have downloaded, printed or otherwise copied from this Site. Use of the Site, and the Content and Services in any way not expressly permitted by these Terms is prohibited and may be actionable under United States or international law. “Content” means any and all content, comments, views, information, data, text, video, image, captions, music, sound, graphics, photos, software and software as a service offering (“Software”), interface, code, audio, sound, music, audio visual combinations, interactive features, feedback, documentation, photographs, discussions, news, articles, messages, postings, listings, and other materials, viewed on, accessed through, displayed on, posted to, transmitted, streamed, or distributed or otherwise made available through the Site, Services or the Communication Services (defined below) by users or other third parties.

You agree not to access the Site, and the Content and Services through any technology or means other than through the Site or other explicitly authorized means that Textbroker may designate. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Site, Content, or Service. Textbroker reserves the right to remove or suspend access to the Site, and the Content and Services for any reason or no reason without prior notice.

You agree that you will not remove, obscure, or modify any acknowledgements, credits or legal, intellectual property or proprietary notices, or marks, or logos contained on the Site, and the Content and Services. You agree not to collect or harvest any personally identifiable information from the Site or Services or the customers or other users, nor to use the communication systems provided by the Site or Services (e.g., comments) for any commercial solicitation purposes. You agree not to solicit for commercial purposes any users of the Site or the Services. In your use of the Site, Services or Content, you will comply with all applicable laws, regulations, rules, decrees, and ordinances.

You understand that when using the Site or Services, you will be exposed to Content from a variety of sources, and that Textbroker is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, obscene, indecent, objectionable, sexually explicit, or that contains nudity, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Textbroker with respect thereto.

Special terms may apply to some products or services offered on the Site, or to any sweepstakes, contests, or promotions that may be offered on the Site. Such special terms (which may include official rules and expiration dates) may be posted in connection with the applicable product, service, sweepstakes, contest, promotion, feature or activity. By entering such sweepstakes or contests or participating in such promotions, you will become subject to those terms or rules. We urge you to read the applicable terms or rules, which are linked from the particular activity, and to review our Privacy Policy that, in addition to these Terms of Service, governs any information you submit in connection with such sweepstakes, contests and promotions. Any such special terms or rules are in addition to these Terms of Service and, in the event of a conflict, any such terms shall prevail over these Terms of Service.

You agree that the following actions are prohibited and constitute a material breach of these Terms of Service. This list is not meant to be exhaustive, and Textbroker reserves the right to determine what types of conduct it considers to be inappropriate use of the Site. In the case of inappropriate use, Textbroker or its designee may take such measures as it determines in its sole discretion. By way of example, and not as a limitation, you agree that when using the Site, Content or Services on the Site, you will not:

    1. Use the Site, Content or Services for any purpose or to take any actions in violation of local, state, national, or international laws, regulations, codes, or rules.
    2. Violate any code of conduct or other guidelines or terms that may be applicable for any particular Communication Service.
    3. Take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure or otherwise in a manner that may adversely affect performance of the Site or restrict or inhibit any other user from using and enjoying the Site.
    4. Aggregate, copy, duplicate, publish, or make available any of the accepted Texts, Content or Services or any other materials or information available from the Site to third parties outside the Site in any manner or any other materials or information available from the Site, except as permitted herein.The Site may contain areas for you to leave comments or feedback, send emails, chat with customers, bulletin board services, focus groups, forums, sweepstakes, contests, games, communities, calendars, and/or other message or communication facilities designed to enable you and others to communicate with Textbroker and customers of the Site (collectively, “Communication Services”). The opinions expressed in the Communication Services reflect solely the opinion(s) of the users and may not reflect the opinion(s) of Textbroker. You acknowledge that your submissions to the Site may be or become available to others. You agree only to post, send and receive messages and materials that are in accordance with these Terms and related to the particular Communication Service.Your use of the Software on the Site, if any, is subject to all agreements such as a license agreement or Terms of Service that accompanies or is included with the Software, documents, exhibits, and other terms and conditions that apply (“License Terms”). In the event that Software is provided on or through the Site and is not licensed for your use through License Terms specific to the Software, you may use the Software subject to the following: (a) the Software may be used solely for your personal or internal business use in connection with your use of this Site, and informational and noncommercial purposes; (b) the Software may not be modified or altered in any way; and (c) the Software may not be redistributed. If you download Software from the Site, such Software is licensed on a limited basis to you by us or the owner of such Software. Title to the Software is not transferred to you. We retain all right, title and interest in and to the Software, and all intellectual property rights therein. You may not re-sell, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form, or transfer the Software to any third party.

X. Third-Party Fees

You acknowledge that access to this Site may involve third-party fees, such as Internet service provider or connection charges. You are solely responsible for these fees. In addition, you must provide and are responsible for all equipment necessary to access and use this Site or the Internet.

XI. Links and Third-Party Advertising

This Site contains or may contain links to other websites, including third-party advertisements. We want to highlight that we are not responsible or liable for such other websites or for their Terms of Services or Terms of Use. Such links do not imply endorsement of information or material on any other site, and Textbroker disclaims all liability with regard to your access to, use of or transactions with such linked websites. We do not screen or endorse such other websites. The linked sites are not under the control of Textbroker, and we are not responsible for the Content available on third-party sites. Textbroker expressly disclaims any liability, directly or indirectly, for any damages, loss or other claim caused or alleged to be caused by or in connection with, access to, use of or reliance on the website or any Content or Services available on or through any other site or resource. Please read the Terms of Use or Terms of Services and Privacy Policy of each and every of such other websites carefully to find out how these other websites offer and condition their products and services. If you decide to access any such other websites, you do so entirely at your own risk.

XII. Usernames and Passwords

If a username or password is given to you by Textbroker, they shall remain the sole and exclusive property of Textbroker and are issued to you only in the form of a revocable license. You are required to keep the username and password confidential and are fully responsible for all uses of your password and transactions conducted in your account whether by you or others. You agree to (a) log out of your account at the end of each session; (b) keep your password confidential and not share it with anyone else; and (c) immediately notify Textbroker of any unauthorized use of your password or account or any other breach of security. Textbroker is authorized to act on instructions received through use of your password and is not liable for any loss or damage arising from your failure to comply with this Section. You agree not to circumvent, disable or otherwise interfere with security-related features of the Site, Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site, Service or the Content therein. Textbroker reserves the right to take appropriate steps against any person or entity that intentionally provides false or misleading information to gain access to portions of the Site that would otherwise be denied.

XIII. Copyright and Trademark Protection

You acknowledge and agree that, as between Textbroker and you, all right, title, and interest in and to the Site, and the Content and Services including without limitation any patents, copyrights, trademarks, trade secrets, inventions, know-how, and all other intellectual property rights are owned exclusively by Textbroker or its licensors, are valid and enforceable, and are protected by intellectual property laws and other applicable laws. Any attempt to use, redistribute, reverse engineer, or redesign the code, videos, graphics, applications, or modules contained on the Site for any other purpose is prohibited. Textbroker and its licensors reserve all rights not expressly granted in and to the Site, Service and Content.

    1. Copyright Protection
      As between you and Textbroker, you acknowledge and agree that this Site, all works, accepted Texts, Services, and Content included, contained or offered on or through this Site, in particular all literary works, pictorial and graphical works, text, graphics, logos, media, animation, photographs, images, video and audio clips, audiovisual works, music, button icons and other icons, streaming files and other data, animation or graphics, or any form of software files in object code or source code format and other information and materials are the property of Textbroker or its content suppliers and are protected by national and international copyright laws. The aforementioned copyright protection also refers to compilations or all forms of alteration of all Content on this Site. We reserve the right to report and prosecute offenders of our copyrights to the fullest extent possible under applicable law. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the Site, Service and Content are strictly prohibited.
    2. Trademark Protection
      All logos, slogans, trade names and trade dress and other trademarks and service marks used on this Site (“Marks”) are proprietary to Textbroker or its licensors protected by national and international trademark and service mark laws. These Marks may not be used except with express written permission from the owner of these Marks. Without limiting the foregoing, “Textbroker” is the registered trademark of Textbroker. Unauthorized use of any trademark of Textbroker may be a violation of federal or state trademark laws. Any third-party names or trademarks referenced in the Site do not constitute or imply affiliation with, endorsement of, or recommendation by Textbroker. You are not allowed to do anything that may cause confusion among consumers with respect to the aforementioned trademarks and service marks.

XIV. Disclaimer of Warranty

THIS SITE AND THE SERVICE OF THIS SITE AND ALL CONTENT AND MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN ‘AS IS, AS AVAILABLE’ BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS, TITLE, NON-INFRINGEMENT, MISAPPROPRIATION, OR VIOLATION OF A THIRD PARTY’S RIGHTS, OR FREEDOM FROM COMPUTER VIRUS OR DISABLING OR HARMFUL CODE, OR FREEDOM FROM COMPUTER VIRUS OTHER THAN THOSE THAT ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW IN YOUR JURISDICTION. YOU EXPRESSLY AGREE THAT USE OF THIS SITE OR ANY OF THE MATERIALS CONTAINED THEREIN IS AT YOUR DISCRETION AND AT YOUR OWN AND SOLE RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THIS SITE OR THE EMPLOYEES OR AFFILIATES OF THIS SITE SHALL CREATE OR IMPLY A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF LIABILITY OF TEXTBROKER.

TEXTBROKER MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT ANY OTHER WEBSITE THAT YOU MAY ACCESS THROUGH THIS SITE. WHEN YOU ACCESS THIS SITE THROUGH ANOTHER WEBSITE, PLEASE BE AWARE THAT IT IS COMPLETELY INDEPENDENT; TEXTBROKER HAS NO CONTROL OVER THE CONTENT ON THAT OTHER WEBSITE. TEXTBROKER IS NOT RESPONSIBLE TO YOU FOR ANY TRANSMISSION, DOWNTIME, ACCESS, OR AVAILABILITY PROBLEMS OF THIS SITE OR THE CONTENT. TEXTBROKER DOES NOT WARRANT THAT THIS SITE OR ITS SERVICES OR CONTENT AND YOUR USE OF THE FOREGOING WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT DEFECTS THEREIN OR THERETO WILL BE CORRECTED. YOU ALSO ACKNOWLEDGE AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF MATERIAL OR DATA THAT YOU MAY FIND IN OR ON THIS SITE. YOU EXPRESSLY AGREE THAT YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR THE BACK-UP OF YOUR DATA AND INFORMATION AND TEXTS AND IN NO WAY WILL TEXTBROKER BE LIABLE FOR ANY LOSS, DESTRUCTION, OR CORRUPTION OF YOUR DATA OR INFORMATION OR TEXTS.

TO THE FULLEST EXTENT PERMITTED BY LAW, TEXTBROKER EXCLUDES ALL WARRANTIES, CONDITIONS, TERMS OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL, CONFIDENTIAL AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES OR SITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES OR SITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR TEXT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE TEXT OR THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES OR SITE. TEXTBROKER DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, APPLICATIONS, OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR SITE OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND TEXTBROKER WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION OR COMMUNICATION BETWEEN YOU AND ANY OTHER USER OR CUSTOMERS OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES OR APPLICATIONS.

Without limiting the foregoing, you are responsible for taking all necessary precautions to insure that any Content, Services, or access to the Site is free of viruses, disabling, or other harmful code.

XV. Limitation of Liability

    1. IN NO EVENT WILL TEXTBROKER OR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, AFFILIATES, AND THE SUCCESSORS AND ASSIGNS OF SAME (“REPRESENTATIVES”) BE LIABLE TO YOU, OR ANY OTHER THIRD PARTY FOR:
      • ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL, LOSSES, EXPENSES, DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS OR GOODWILL, BUSINESS INTERRUPTION, LOSS OF PROGRAMS, DATA, OR INFORMATION, AND THE LIKE, ARISING OUT OF THE USE OR PERFORMANCE OF OR INABILITY TO USE THIS SITE, THE TEXTS, CONTENT, MATERIALS OR ANY INFORMATION, SOFTWARE, SERVICES OR TRANSACTIONS PROVIDED OR OFFERED ON OR THROUGH THIS SITE OR DOWNLOADED FROM THIS SITE OR YOUR ACTS OR OMISSIONS, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT, (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY OR OTHERWISE OR ANY OTHER THEORY, EVEN IF TEXTBROKER OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR THE EXISTENCE OF ANY LIMITED REMEDY; AND
      • ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN OR ON THIS SITE, TEXT, CONTENT, THE MATERIALS, SERVICES, SOFTWARE, AND/OR LISTINGS OR INFORMATION DOWNLOADED, PROVIDED, OR OFFERED THROUGH THIS SITE.

      IN NO EVENT SHALL TEXTBROKER AND ITS REPRESENTIVE’S MAXIMUM TOTAL AGGREGATE LIABILITY FOR DIRECT DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICES, THE SITE, OR TEXT, CONTENT, MATERIALS, SERVICES, OR PRODUCTS PROVIDED ON OR THROUGH THE SITE EXCEED THE TOTAL AMOUNT OF COMMISSIONS ACTUALLY RECEIVED BY TEXTBROKER FOR THE SERVICES THAT YOU PROVIDED TO TEXTBROKER, IF ANY, DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE OCCURRENCE OF THE EVENT THAT GAVE RISE TO SUCH LIABILITY.
      BECAUSE SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, TEXTBROKER’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

    2. THIS SITE IS ONLY A PLATFORM. EACH AUTHOR REGISTERED ON OR WITH THIS SITE IS SOLELY RESPONSIBLE FOR HIS/HER OWN PROFILE AND CONTENT. ALSO, EACH AUTHOR IS SOLELY RESPONSIBLE FOR THE QUALITY, ACCURACY AND LEGALITY OF HIS/HER TEXTS. WE EXPLICITLY WANT TO HIGHLIGHT THAT BOTH THE AUTHOR AND THE CUSTOMER SHALL ALWAYS BE AWARE OF AND ABIDE BY THE FTC-RULES, IN PARTICULAR, WITHOUT LIMITATION, “THE GUIDES CONCERNING THE USE OF ENDORSEMENTS AND TESTIMONIALS IN ADVERTISING” (FEDERAL TRADE COMMISSION 16 CFR Part 255) THAT, FOR EXAMPLE, CAN BE FOUND ON THE WEBSITE OF THE FEDERAL TRADE COMMISSION (see www.ftc.gov).
    3. TEXTBROKER OR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS AFFILIATES, AND THE ASSIGNS OF SAME ARE IN NO WAY RESPONSIBLE FOR ANY OF THE AUTHOR’S TEXTS SENT THROUGH THIS SITE. THIS SITE IS IN NO WAY RESPONSIBLE FOR ANY CONSEQUENCE(S) IF ANY OF THE AUTHOR’S TEXTS ARE REJECTED OR DENIED ACCORDING TO THIS SITE’S STANDARDS OR DISCRETIONS OR IF THE AUTHOR’S TEXTS ARE NOT PUBLISHED LATER.
    4. TEXTBROKER OR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS AFFILIATES, AND THE ASSIGNS OF SAME ARE IN NO WAY RESPONSIBLE FOR THIRD-PARTY SERVICES OFFERED ON OR USED BY TEXTBROKER. THE RESPECTIVE THIRD PARTY IS SOLELY RESPONSIBLE FOR ITS OWN SERVICES E.G. A THIRD PARTY PAYMENT PROVIDER. WE DO NOT WARRANT OR REPRESENT ANY OF ITS SERVICES IN ANY WAY OR FORM.
    5. YOU SPECIFICALLY ACKNOWLEDGE THAT TEXTBROKER SHALL NOT BE LIABLE FOR THE CONTENT OR TEXT IN ANY WAY OR THE DEFAMATORY, INDECENT, OFFENSIVE, OBSCENE, INDECENT, SEXUALLY EXPLICIT, PORNOGRAPHIC, NUDE, OR ILLEGAL MATERIALS, DATA, OR INFORMATION CONTAINED IN THE CONTENT OR TEXT SUBMITTED BY YOU OR ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

XVI. Indemnity

You agree to defend, indemnify, and hold harmless Textbroker, its officers, directors, shareholders, representatives, employees, affiliates, licensees, partners, independent contractors, telecommunication providers, and agents, and others acting in concert with it, from and against any and all claims, losses, liabilities, damages, obligations, demands, debts, and expenses and other costs, including, without limitation, reasonable legal, attorneys’ and accounting fees, arising out of or otherwise related to these Terms of Services, including, without limitation, (a) any breach or violation by you of these Terms of Services and any other terms set forth on the Site, including without limitation, the representations and warranties herein; (b) any breach or violation by you of any applicable laws, statute, codes, rules, ordinance or regulation of any jurisdiction, or any third party, including without limitation any Proprietary Rights; (c) your Texts; (d) any claim that your Texts or the content therein or your conduct caused damage to a third party or Textbroker, including without limitation, breach, infringement, misappropriation, or violation of a third party’s rights or the rights of Textbroker, including without limitation, Proprietary Rights or rights of publicity or privacy or contract rights or that the Texts contain any libelous, defamatory, obscene, indecent, or sexually explicit materials; or (e) your use of the Site, Content, Texts, or Services or your acts or omissions with respect thereto. Textbroker will notify you by email of any such claim or suit and will cooperate, at your expense, in the defense of such claim or suit. Textbroker may participate in the defense of such claim or defense at its own expense, and choose its own attorney or other legal counsel, but is not forced or obligated to do so.

XVII. Force Majeure

Textbroker is and shall not be responsible or liable for any failure to perform due to unforeseen circumstances or to causes beyond Textbroker’s reasonable control, including but not limited to:

  • Acts of God, such as fire, flood, earthquakes, hurricanes, accidents, tropical storms or other natural disasters;
  • War, riot, arson, embargoes, acts of civil or military authority, or terrorism;
  • Fiber cuts;
  • Strikes, or shortages in transportation, facilities, fuel, energy, labor or materials;
  • Failure of the telecommunications or information services infrastructure or utilities;
  • Governmental act, failure of or interruption in common carriers; and
  • Hacking, SPAM, or any failure of a computer, server or software.

XVIII. No Agency Relationship

Nothing in these Terms of Services shall be deemed to constitute, create, imply, give effect to, or otherwise recognize an agency, partnership, employment, joint venture or formal business entity of any kind between the author and the owner of this Site. The rights and obligations of the parties shall be limited to those expressly set forth herein. There are no third party beneficiaries under these Terms of Service, including without limitation, the customer. You are an independent contractor.

XIX. Termination of Account / Inactive Account Maintenance Fee

Without limiting any other rights or remedies, Textbroker may have under these Terms of Services, at law and in equity, Textbroker may issue a warning or terminate your account or your access to or use of this Site, the Content, or Services or these Schedule of Services at any time, with or without advance notice, if:

  • We believe that you have breached any term of these Terms of Services or any other terms on this Site;
  • There has been any unauthorized conduct by you or misuse of this Site, the Services or Content;
  • We are unable to verify or authenticate any information you provide to us;
  • We decide to stop operating this Site entirely or parts thereof.

You agree and acknowledge that neither Textbroker nor any third party acting on our behalf shall be responsible or liable to you for any termination of your membership or account or access to this Site. After termination by us, re-registration of you as a user of this Site is strictly forbidden unless permitted in writing by us. Textbroker and its affiliates disclaim any and all liability or responsibility arising from fraudulent access to and use of this Site. In case of fraud, we reserve the right to take all necessary and appropriate actions under applicable federal, state, and international laws. If your account is inactive for a period of two years (defined as more than two years passing from the later of: a) the date you opened the account or b) the date of your last payoff request), Textbroker shall charge a maintenance fee equal to the lesser of $10 per month, or the remaining balance in your account, until your balance is $0. In no case would you owe more than the remaining balance in your account. In such instance, before implementing a maintenance fee, Textbroker shall attempt to contact to you via email, but if our email to the email address in your account is returned as undeliverable or you do not reply to our email within ten business days, Textbroker may charge the maintenance fee and once the balance is $0, close the account and shall have no liability to return the remaining balance at the time we attempted to contact you. Textbroker reserves the right to charge such fees quarterly (i.e., a $30 fee after three months have passed since our email to you) or annually (i.e., a $120 fee after 12 months have passed since our email to you).

XX. Notice

Any notice required to be given under these Terms of Services may be provided by email to the login email you have provided us or to a different functioning email address of the party to be noticed, by a general posting on this Site, or personal delivery by commercial carrier such as FedEx, DHL, or Airborne. Notices by you to us shall be sent in hard copy to the address set forth at the beginning of the Terms of Use unless otherwise specified in these Terms of Services. Any correctly addressed notice to you that is refused, unclaimed, or undeliverable because of an act or omission of you shall be deemed effective and received as of the first date that said notice was refused or deemed undeliverable by the postal authorities, messenger, fax machine, email server, or overnight delivery service. You agree that even if you have opted out of newsletters or other promotional emails that we send to you, for as long as your account is active, we shall have the right to send you emails as a result of your activity on the Site (for example, the acceptance of a Text that you have written) and to update you on changes to our service (for example, a change in our standard payments).

XXI. Exclusion of Certain International Provisions

Textbroker and you agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to these Terms of Services.

XXII. Rights to Injunctive Relief

Textbroker and you acknowledge and agree that remedies at law may be inadequate to provide an aggrieved party with full compensation in the event of the other party’s breach of these Terms of Services, and that an aggrieved party shall therefore be entitled to seek injunctive relief in the event of any such breach, in addition to seeking all other remedies available at law or in equity.

XXIII. Attorney’s Fees

In the event any party (you or Textbroker) shall commence any claims, actions, formal legal action, or arbitration to interpret and/or enforce these Terms of Services or issues relating thereto, including without limitation claimed breaches of representations and warranties, the prevailing party in any such action or proceeding shall be entitled to recover, in addition to all other available damages or other relief, its reasonable attorney’s fees and costs incurred in connection therewith, including attorney’s fees incurred on appeal.

XXIV. Assignment

These Terms of Services will be binding upon the permitted successors and assigns of the author, and any successor or assignee of Textbroker. Any such successor or assignee of Textbroker will be deemed substituted for Textbroker under the terms of this Terms of Services for all purposes. For this purpose, “successor” means any person, firm, corporation, or other business entity that at any time, whether by purchase, merger, or otherwise, directly or indirectly acquires all or substantially all of the assets or business of Textbroker. None of the rights of the author may be assigned or transferred without the express prior written agreement of Textbroker. Any attempted assignment, transfer, conveyance, or other disposition of the author’s rights or obligations in contravention of this paragraph will be null and void and of no effect.

XXV. Severability

If any provision of these Terms of Services shall be held to be invalid or unenforceable for any reason, or any portion thereof, the remaining provisions shall continue to be valid and enforceable to the maximum extent permissible and the remainder of these Terms of Services will continue in full force and effect.

XXVI. No Waiver

Failure by either party to enforce any provision of these Terms of Services will not be deemed a waiver of future enforcement of that or any other provision, unless made in writing and signed by the party to whom the waiver is to be enforced against. No waiver of one breach shall constitute a waiver of subsequent breaches of the same or of a different nature.

XXVII. Headings

Section and subsection headings of these Terms of Services are inserted for convenience only and shall not be deemed to constitute a part hereof nor to affect the meaning thereof.

XXVIII. Entire Agreement

These Terms of Services constitute the entire agreement between Textbroker and you with respect to your access and use of this Site and the Content and Services contained therein, and your membership with this Site, and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of these Terms of Services shall be binding unless in writing and signed or approved by Textbroker. You acknowledge, represent and warrant that you have read these Terms of Services and agree to be bound by them as part of and in consideration of using this Site and, if you have become a member of this Site, of your membership. Textbroker’s rights and your obligations hereunder shall survive the termination of these Terms of Service.

XXIX. Governing Law and Disputes

These Terms of Service shall be governed by, and will be construed under, the laws of the State of New York, U.S.A., without regard to choice of law principles. You irrevocably agree that any and all disputes that may arise out of, under, or in connection with these Terms of Service shall be adjudicated exclusively in the federal and state courts located in New York County, New York, and you hereby irrevocably consent to jurisdiction in those courts for such purposes. You further agree to waive any objection to venue in such courts and any objection to such courts based on the ground of inconvenient forum. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE WITH RESPECT TO THESE TERMS, THE SITE OR THE CONTENT OR SERVICES MUST BE COMMENCED WITHIN SIX (6) MONTHS AFTER THE CLAIM OR CAUSE OF ACTION ARISES OR SUCH CLAIM OR CAUSE OF ACTION SHALL BE BARRED.

This Site is controlled within the United States of America and directed to individuals residing in the United States. Those who choose to access the Site from locations outside of the United States do so on their own initiative and are responsible for compliance with local laws if and to the extent local laws are applicable. Textbroker does not represent that the Site, Content, or Services are appropriate outside the United States of America. Textbroker reserves the right to limit the availability of the Site to any person, geographic area or jurisdiction at any time in its sole discretion. The Software is further subject to United States export controls. No Software may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. If you download or use any Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

XXX. Notice and Procedures for Making Claims of Copyright or Intellectual Property Infringement

Textbroker may, in appropriate circumstances and at its sole discretion, disable and/or terminate use of the Site, Content, or Services by users who infringe the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Textbroker’s Copyright Agent a Notice containing the following information:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. A description of the copyrighted work or other intellectual property that you claim has been infringed;
  3. A description of where the material that you claim is infringing is located on the Website (providing URL(s) in the body of an email is the best way to help Textbroker locate content quickly);
  4. Your name, address, telephone number, and email address;
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

If you believe in good faith that a notice of copyright infringement has been wrongly filed by Textbroker against you, the DMCA permits you to send Textbroker a counter-notice.

Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov/ for details. Notices of claims of copyright or other intellectual property infringement and counter-notices should be sent to Textbroker:

Mailing Address:

8076 West Sahara Avenue
Las Vegas, Nevada 89117

Telephone: 702.534.3832

Email: authors@textbroker.com

Make sure you know whether the Content that you have seen on Textbroker infringes your copyright. If you are not certain what your rights are, or whether your copyright has been infringed, you should check with a legal adviser first. Be aware that there may be adverse legal consequences in your country if you make a false or bad faith allegation of copyright infringement by using this process.

Please also note that the information provided in this legal notice may be forwarded to the person who provided the allegedly infringing Content.

XXXIII. Privacy Policy

This Site’s Privacy Policy is available by clicking on the link “Privacy Policy”. Please read the Privacy Policy Section carefully before using this Site. By using, accessing or viewing this Site or the Content or Services on this Site, you signify your agreement to the Privacy Policy. If you do not agree with the Privacy Policy, you are not authorized to use the Site or the Content or Services on this Site. The terms of the Privacy Policy are incorporated herein by this reference. Do not provide any personal information to authors or other users of the Site.

XXXII. Ability to Accept Terms of Service

You represent and warrant that you are either at least 18 years of age (or for jurisdictions in which 18 years old is not the age of majority to legally enter into binding contracts, at least such age of majority for your jurisdiction), or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. You acknowledge that we have given you a reasonable opportunity to review these Terms of Service and that you have agreed to them.

XXXIII. FOR NEW YORK CITY RESIDENTS OR THOSE WORKING IN NEW YORK CITY:

Effective May 15, 2017, You may request a written contract from Textbroker at any time for any particular Text or set of Texts you choose to complete. To fulfill such request, please submit an agreement that includes: 1) Your name and mailing address, 2) itemization of all Texts You intend to submit/provide, 3) the value of the services You intend to provide, as determined in Section VII. above, and 4) the rate of compensation as determined by the Text(s) You choose to submit/provide. You must attach a copy of these Terms of Service for Authors as part of the agreement. Sign each page of the agreement, including the pages with these Terms of Service for Authors, and submit it to authors@textbroker.com. Textbroker will review and return a counter-signed copy of the contract, or request changes. You should keep a copy of the counter-signed contract.