Welcome to Gigrove.com

The following terms and conditions (these “Terms of Service”), govern your access to and use of the Gigrove website, including any content, functionality and services offered on or through www.gigrove.com (the “Site”), by Spreeland, Inc. Limited. (120 High Road, East Finchley, London, UK), as applicable (collectively, “Gigrove” “we” or “us”).

Please read the Terms of Service carefully before you start to use the Site. By using the Site, opening an account or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Site. For more detailed policies surrounding the activity and usage on the Site, please access the designated articles herein.

This Site is offered and available to users who are 13 years of age or older. If you are under 13 you may not use this Site or the Gigrove services. By using this Site, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

Our Customer Support team is available 24/7 if you have any questions regarding the Site or Terms of Service. Contacting our Customer Support team can be performed by submitting a request.

Key Terms

Buyer can be anyone who purchases products or services from Sellers on Gigrove.

Custom Orders are requests made by a Buyer to receive a Custom Offer from a Seller.

Gigrove Balance is the aggregated amount of your Revenue as a Seller.

Orders are the formal agreement between a Buyer and Gigrove.com after a purchase was made from the Seller’s Gigrove Page.

Revenue is the money that Sellers earn from completed orders and can be withdrawn, subject to these Terms.

Sellers are registered and verified users who offer products and services on Gigrove.

Overview

 

Account Management

Ultimately, the Principal is responsible for all activities that occur under the Account, including, but not limited to, Account and password management, and neither Principal nor Agent will agree to sell, transfer or assign the Account or any Account related rights without the express written consent of Gigrove. You are also responsible for maintaining the privacy and security of your network settings and systems to ensure that all sensitive or confidential information originating from your systems is properly transmitted and handled.

Verification

Gigrove may require, and you agree to promptly furnish, additional information from you, including, but not limited to, tax identification number, social security number, identity verification, taxpayer information, or other information as the case may be. Failure to promptly provide such additional information to Gigrove may result in Account suspension.

 

PayPal Account Agreement

Some payment processing services made available through the Platform to certain Users are provided by PayPal and are subject to the Privacy Policy for PayPal Services. By agreeing to this Agreement, you also agree, to the extent applicable, to be bound by the Privacy Policy for PayPal Services (which may be modified from time to time by PayPal). As a condition of Gigrove enabling payment processing services through Gigrove, you agree to provide only true, accurate, current and complete information about yourself (or your Principal; see above) and to update such information as necessary to maintain its truth and accuracy. You also authorize Gigrove to share such information and other transaction information related to your use of the payment processing services provided by PayPal.

 

Digital Goods

With respect to your Digital Goods, you may upload a digital file (including, but not limited to, .mp3, .pdf, .png, .jpeg files) to the Platform and Promote the Digital Good at a retail price determined by you, in your sole and absolute discretion (the “Retail Price”). Upon receiving a Buyer’s offer to purchase the Digital Good, Gigrove will immediately undertake technological efforts to digitally duplicate the Digital Good (with the result, the “Digital Duplicate”) and purchase such Digital Duplicate from you at a price equivalent to the Retail Price minus the Gigrove Fee minus the Processing Fee  (the resulting amount, the “Wholesale Price”). The Wholesale Price will be paid to you and accumulate as part of your balance (the “Gigrove Balance”). Upon purchase of the Digital Duplicate from you, Gigrove takes legal custody of the Digital Duplicate and agrees to sell the Digital Duplicate to the Buyer at the Retail Price plus any applicable Value Added Tax that may be required.

Service Products

With respect to Service Products, you may upload a listing of a service good to the Platform and Promote the Service Product at a Retail Price. Upon receiving a Buyer’s offer to purchase the Physical Product and the consummation of the sale of Physical Product to a Buyer, Gigrove will immediately determine and collect the appropriate Gigrove Fee. Gigrove will then pay you an amount equivalent to the Retail Price minus the Gigrove Fee; these amounts will then accumulate as part of your Balance. In contrast with the fulfillment and delivery of Digital Goods, you are solely responsible for the fulfillment and delivery of Service Products to the Buyer in a timely manner. Gigrove does not ship, handle or take custody of Service Products at any point.

 

Sellers

Basics

Products and Services

Seller Features

Gigrove Sellers have access to several exclusive features that help customize the way their services can be offered.

Withdrawing Revenues

 

Buyers on Gigrove.com

Basics

Purchasing

Maker Tools

Taxes

Orders

Basics

Handling Orders

 

 

Disputes and Cancellations

We encourage our Buyers and Sellers to try and settle conflicts amongst themselves. If for any reason this fails after using the Resolution Center or if you encounter non-permitted usage on the Site, users can contact Gigrove’s Customer Support department for assistance.

Basics

 

User Conduct and Protection

Gigrove enables people around the world to create, share, sell and purchase nearly any service they need at an unbeatable value. Services offered on Gigrove reflect the diversity of an expanding internet commerce. Members of the Gigrove community communicate and engage through orders, social media, and on Gigrove’s Community Forums.

Products/Services

Reporting Violations

If you come across any content that may violate our Terms of Service, you should report it to us through the appropriate channels created to handle those issues as outlined in our Terms of Service. All cases are reviewed by our Trust & Safety team. To protect individual privacy, the results of the investigation are not shared. You can review our Privacy Policy for more information.

Violations

Users may receive a warning to their account for violations of our Terms of Service or any user misconduct reported to our Trust and Safety team. A warning will be sent to the user’s email address and will be displayed for such user on the Site. Warnings do not limit account activity, but can lead to your account losing Seller statuses or becoming permanently disabled based on the severity of the violation.

Non-Permitted Usage

Adult Services & Pornography – Gigrove does not allow any exchange of adult oriented or pornographic materials and services.

Inappropriate Behavior & Language – Communication on Gigrove should be friendly, constructive, and professional. Gigrove condemns bullying, harassment, and hate speech towards others. We allow users a medium for which messages are exchanged between individuals, a system to rate orders, and to engage on larger platforms such as our Community Forum and Social Media pages.

Phishing and Spam – Gigrove takes the matter its members’ security seriously. Any attempts to publish or send malicious content with the intent to compromise another member’s account or computer environment is strictly prohibited. Please respect our members privacy by not contacting them with offers, questions, suggestions or anything which is not directly related to their products or orders.

Privacy & Identity – You may not publish or post other people’s private and confidential information. Any exchange of personal information required for the completion of a service must be provided in the order page. Sellers further confirm that whatever information they receive from the Buyer, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the Buyer. Any users who engage and communicate off of Gigrove will not be protected by our Terms of Service.

Authentic Gigrove Profile – You may not create a false identity on Gigrove, misrepresent your identity, create a Gigrove profile for anyone other than yourself (a real person), or use or attempt to use another user’s account or information; Your profile information, including your description, skills, location, etc., while may be kept anonymous, must be accurate and complete and may not be misleading, illegal, offensive or otherwise harmful. Gigrove reserves the right to require users to go through a verification process in order to use the Site (whether by using ID, phone, camera, etc.).

Intellectual Property Claims – Gigrove will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s terms of service.

Fraud / Unlawful Use – You may not use Gigrove for any unlawful purposes or to conduct illegal activities.

Abuse and Spam

Multiple Accounts – To prevent fraud and abuse, users are limited to one active account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the Gigrove community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations to Gigrove’s Terms of Service is cause for permanent suspension of all accounts.

Targeted Abuse – We do not tolerate users who engage in targeted abuse or harassment towards other users on Gigrove. This includes creating new multiple accounts to harass members through our message or ordering system.

Selling Accounts – You may not buy or sell Gigrove accounts.

Proprietary Restrictions

The Site, including its general layout, design and content, is exclusively owned by Gigrove and protected by copyright and trademarks. Users have no right, and specifically agree not to do the following with respect to the Site or any part, component or extension of the Site (including its mobile applications): (i) copy, transfer, adapt, modify, distribute or reproduce it, in any manner; (ii) reverse assemble, decompile, reverse engineer or otherwise attempt to derive its source code, underlying ideas, algorithms, structure or organization; (iii) modify or create derivative works; (iv) remove any copyright notice, identification or any other proprietary notices, or; (v) use the Site in any manner that could damage, disable, overburden or impair the Site, or interfere with any other users’ enjoyment of the Site. Users also agree not to permit or authorize anyone else to do any of the foregoing.

General Terms

User Generated Content

User Generated Content (“UGC”) refers to the content added by users as opposed to content created by the Site. All content uploaded to Gigrove by our users (Buyers and Sellers) is User Generated Content. Gigrove does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled.

Furthermore, Gigrove is not responsible for the content, quality or the level of service provided by the Sellers. We provide no warranty with respect to the products, their delivery, and any communications between Buyers and Sellers. We encourage users to take advantage of our rating system, our community and common sense in choosing appropriate offers.

By offering a service, the Seller undertakes that he/she has sufficient permissions, rights and/or licenses to provide, sell or resell the service that is offered on Gigrove. Sellers advertising their products online must comply with laws and terms of service of the advertising platform or relevant website used to advertise. Failing to do so may result in removal of the product.

Ownership

Ownership and limitations: Unless clearly stated otherwise on the Seller’s Gig page/description, when the work is delivered, and subject to payment, the Buyer is granted all intellectual property rights, including but not limited to, copyrights for the work delivered from the Seller, and the Seller waives any and all moral rights therein. The delivered work shall be considered work-for-hire under the U.S. Copyright Act. In the event the delivered work does not meet the requirements of work-for-hire or when US Copyright Act does not apply, the Seller expressly agrees to assign to Buyer the copyright in the delivered work. All transfer and assignment of intellectual property to Buyer shall be subject to full payment for the product and the delivery may not be used if payment is cancelled for any reason. For removal of doubt, in custom created work (such as art work, design work, report generation etc.), the delivered work shall be the exclusive property of Buyer, and Seller assigns all rights, title and interest in the delivered work. Some Gigs (including for custom created work) charge additional payments (through Gig Extras) for a Commercial Use License. This means that if you purchase the Gig for personal use, you will own all rights you require for such use, and will not need the Commercial Use License. If you intend to use it for any charge or other consideration, or for any purpose that is directly or indirectly in connection with any business, or other undertaking intended for profit, you will need to buy the Commercial Use License.

GDPR

If the EU General Data Protection Regulation (“GDPR”) applies to you in connection with your use of the Platform, upon your request, Gigrove will make available a Data Protection Addendum (“DPA”) designed to meet the requirements of Article 28 of the GDPR pertaining to data processing. You may request Gigrove’s DPA by emailing support@gigrove.com. You agree not to collect any personal data through our Platform that may be governed by the GDPR before executing Gigrove’s DPA. Notwithstanding the foregoing, if Gigrove reasonably believes that your processing of personal data through the Platform is subject to the GDPR, Gigrove may require you to execute its DPA as condition of your use, or continued use, of the Platform, and you authorize Gigrove to take such remedial steps as may be warranted until such time as the DPA is executed.

Marketing Restrictions

CAN-SPAM Act. If you send emails, directly or indirectly, in connection with any Digital Good or Physical Product, then you agree, acknowledge, represent and warrant that all such emails, and procurement of email addresses thereto, shall be in compliance with all applicable federal, state, and international laws and regulations regarding the use of electronic messages, including without limitation the Controlling the Assault of Non-Solicited Pornography and Marketing Act and the Children’s Online Privacy Protection Act.

Digital Millennium Copyright Act Notice

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on or through the Platform, please notify Gigrove’s copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (“DMCA”). For your complaint to be valid under the DMCA, you must provide the following information in writing:

The above information must be submitted to the following address:

Gigrove, 120 High Road, East Finchley, London, UK, N2 9ED

Only DMCA notices mailed to the address above or emailed to support@gigrove.com will be accepted. All other inquiries or requests will be discarded. Upon receiving a complaint related to copyright infringement, Gigrove may remove the content identified as being infringing. In addition, Gigrove may, but is under no obligation to, terminate the Account of the party that appears to be the infringer.

Commercial Use License

By purchasing a “Commercial Use License” with your order, the Seller grants you a perpetual, exclusive, non-transferable, worldwide license to use the purchased delivery for Permitted Commercial Purposes. All intellectual property rights of the purchased delivery are hereby assigned to you. “Permitted Commercial Purposes” means any business related use, such as (by way of example) advertising, promotion, creating web pages, integration into product, software or other business related tools etc., and strictly excludes any illegal, immoral or defamatory purpose. This License is subject to Gigrove’s Terms of Service. There is no warranty, express or implied, with the purchase of this delivery, including with respect to fitness for a particular purpose. Neither the Seller nor Gigrove will be liable for any claims, or incidental, consequential or other damages arising out of this license, the delivery or your use of the delivery.

Disclaimer of Warranties

YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER GIGROVE NOR ANY PERSON ASSOCIATED WITH GIGROVE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Automatic Translation

THIS SERVICE MAY CONTAIN TRANSLATIONS POWERED BY GOOGLE. GOOGLE DISCLAIMS ALL WARRANTIES RELATED TO THE TRANSLATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, RELIABILITY, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

The Site has been translated for your convenience using translation software powered by Google Translate. Reasonable efforts have been made to provide an accurate translation, however, no automated translation is perfect nor is it intended to replace human translators. Translations are provided as a service to users of the website, and are provided “as is”. No warranty of any kind, either expressed or implied, is made as to the accuracy, reliability, or correctness of any translations made from English into any other language. Some content (such as images, videos, Flash, etc.) may not be accurately translated due to the limitations of the translation software.

The official text is the English version of the website. Any discrepancies or differences created in the translation are not binding and have no legal effect for compliance or enforcement purposes. If any questions arise related to the accuracy of the information contained in the translated website, please refer to the English version of the website which is the official version.

Limitation on Liability

IN NO EVENT WILL GIGROVE, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

IN ACCEPTING LIABILITY, GIGROVE AND ITS AFFILIATES ASSUME NO LIABILITY FOR ANY ACTS OR OMISSIONS OF SELLER.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.