TERMS OF USE
USER AGREEMENT
GfxMarket.com is a website operated by Blinding Light Media, LLC, a California Limited Liability Company having its principle place of business in
Background
The Web Site provides an online venue enabling companies and individuals (“Buyers,” “Employers”) and Professionals (“Providers,”) to connect for project fulfillment and/or employment opportunities.
Registration
By completing the registration process on our Web Site as a Buyer and/or as a Provider, you are representing and warranting that you can legally enter into this Agreement and that all information provided by you on the registration form is true and accurate. By clicking on “Register” and by using our Web Site, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, you are not authorized to use our Web Site.
SCOPE OF SERVICES
Projects - GfxMarket.com enables Buyers to post “Projects” (including project description, budget and deadline) on the Web Site and receive proposals (“Bids”) from Providers. GfxMarket.com does not set or endorse: (i) the budget amount, contract terms, safety or legality of projects advertised on our Web Site (ii) the Bids offered by Providers. Upon acceptance of a Bid, the Buyer agrees to purchase, and the Provider agrees to deliver, services as described in the project details and proposal. GfxMarket.com is not a party to any contract for any purchase and sale of Projects. All rights and obligations for the purchase and sale of any Projects are solely between Buyers and Providers. Each Buyer and Provider must look solely to the other for enforcement and performance of all the rights and obligations arising from Projects in accordance with the Terms of Use and any other terms, conditions, representations, or warranties associated with such dealings. GfxMarket.com has no control over and does not guarantee the quality, safety or legality of services provided by Providers, the ability of Providers to deliver within a specified deadline, or the ability of Buyers to pay for services. The Buyer and Provider agree that all payments for any Projects contracted through the Web Site will be remitted and received through the Web Site only.
Invoice Service - GfxMarket.com provides invoicing services (“Invoice Service”) enabling Providers to request payments from Buyers and Buyers to make payments to Providers. GfxMarket.com collects “Invoice” payments from Buyers and remits the payment (less a service charge) to the Provider. The available payment collection and remitting methods shall be in the forms deemed appropriate by GfxMarket.com and may be changed from time to time.
As a Provider, you acknowledge and agree that when you instruct GfxMarket.com to request payment from a Buyer using the Invoice Service, such instruction: (1) is a representation that you have completed the applicable Services fully and satisfactorily, and (2) constitutes an irrevocable instruction to GfxMarket.com to invoice and accept payment from the Buyer on your behalf. Once GfxMarket.com has charged the Buyer, GfxMarket.com may be subject to charge back if the Buyer's credit card company believes the above representations have been breached. As a Provider, you therefore agree, as a condition of using the Invoice Service, that if the Buyer's credit card company successfully charges back any amount to GfxMarket.com for any reason, you hereby agree to repay GfxMarket.com for such amounts, plus reasonable attorney fees and costs of collection, and GfxMarket.com reserves the right to terminate Service to you in addition to all other rights available to GfxMarket.com.
As a Buyer, you acknowledge and agree that when you instruct GfxMarket.com to pay a Service Provider using the Payment Service, such instruction: (1) is a representation that the Service Provider has completed the applicable Services fully and satisfactorily, and (2) constitutes an irrevocable instruction to GfxMarket.com to pay the Service Provider. Once GfxMarket.com has paid funds to the Service Provider, GfxMarket.com may not be entitled to demand return of the funds. You therefore agree, as a condition of using the Invoice Service, NOT to ask your credit card company to charge back any amount to GfxMarket.com for any reason. In the event you do, you hereby agree to repay GfxMarket.com for such amounts, plus reasonable attorney fees and costs of collection, and GfxMarket.com reserves the right to terminate Service to you in addition to all other rights available to GfxMarket.com.
We cannot and do not control whether any Company will complete the payment they offer. We are not responsible for any transaction and/or contact, or the result of any such transaction and/or contact made by and between Users.
Jobs – GfxMarket.com enables Employers to post employment opportunities (“Jobs”) on the Web Site. GfxMarket.com does not set or endorse the employment terms, quality, safety or legality of Jobs advertised on the Web Site.
Upon registration, each User is provided with an Account. Funds in an Account may be used to pay Invoices, “Membership Fees,” “Project Listing Fees,” and “Job Listing Fees.”
Funds may be deposited in an Account by any of the methods available in the Deposit section of the Account management web pages. A User must reasonably intend funds deposited in an account to be used to pay GfxMarket.com or Providers for services purchased on GfxMarket.com.
All Invoices paid by a Buyer will be deposited into the applicable Provider’s Account and will remain in the Provider’s Account until further instructions from the Provider. Funds may be withdrawn from an Account by any of the methods available in the Withdrawal section of the Account management web pages.
You agree that you will not receive interest or other earnings on the funds in your Account or that GfxMarket.com otherwise handles as your agent. GfxMarket.com may earn and retain interest on those funds, or may receive a reduction in fees or expenses charged for banking Services or other compensation in respect of any balances in Accounts.
LEGAL RELATIONSHIPS AND OBLIGATIONS OF PARTIES
A. GfxMarket.com provides the venue for Buyers and Providers to connect with each other. GfxMarket.com is not involved in the dealing and contracting between Buyers and Providers, or in the services performed by Providers for a contracted Project. All parties are independent contractors vis-à-vis GfxMarket.com with respect to all matters arising out of this Agreement. No User shall be considered the employee, agent, partner or joint venturer of GfxMarket.com and GfxMarket.com shall not be considered the employer, agent, partner or joint venturer of any User.
B. You agree that GfxMarket.com acts as a payment service provider by processing Invoices and receiving Invoice payments. GfxMarket.com is not responsible for (i) the timeliness of Invoice payments by Buyers (ii) the accuracy of Invoice amounts (iii) the quality, workmanship, safety or legality of services purchased from Providers. The use of the Invoice Service shall not expand or modify any warranty, liability or indemnity stated in the Terms of Use.
C. You acknowledge and agree that: (i) GfxMarket.com is not a bank and the Invoice Service is a payment service rather than a banking service; and (ii) GfxMarket.com is not acting as a trustee or fiduciary with respect to your funds, but is acting only as an agent and custodian. (iii) GFXMARKET.COM IS NOT A BANK, AND AMOUNTS TRANSFERRED THROUGH OR STORED IN THE ACCOUNT ARE NOT INSURED DEPOSITS. In addition, your Account will not constitute an escrow.
D. As a Provider, you agree to send requests for payment from Buyers only through the GfxMarket.com Invoice Service. Requesting payment by any method other than the Invoice Service is cause for termination of services.
D. Each User is solely responsible for satisfying any income tax, VAT, payroll tax, payroll withholding, sales and use tax, governmental reporting and other legal requirements under applicable law, including without limitation those applicable to the purchase and sale of Services from and by independent contractors. GfxMarket.com is not obligated to determine the applicability of any taxes or to remit, collect or report any such applicable taxes.
Trademarks
You are prohibited from using any of the marks or logos appearing throughout the website without permission from the trademark owner, except as permitted by applicable law.
Submissions
You acknowledge that you are responsible for the information and material that you submit (each a "Submission") through public and/or private posting areas, emails, or other services available in connection with this website, and that you, and not GfxMarket.com, will have full responsibility for each such Submission, including its legality, reliability, appropriateness, originality and copyright.
GfxMarket.com asks that you respect our online community and participating individuals. Your conduct should be guided by common sense and basic etiquette. To further these common goals when posting Submissions to or otherwise using the website, you agree not to:
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Impersonate or represent GfxMarket.com, our staff or other industry professionals.
- Solicit a member's password or other account information.
- Harvest user names or email addresses for any purpose.
- Use racially, ethnically, or otherwise offensive language.
- Discuss or incite illegal activity.
- Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
LEGAL DISCLAIMER
GFXMARKET.COM MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE WEB SITE OR THE CONTENT. GFXMARKET.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE WEBSITE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. GFXMARKET.COM DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE WEB SITE WILL BE CORRECTED. GFXMARKET.COM DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE WEB SITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
LIMITATION OF LIABILITY
IN NO EVENT WILL GFXMARKET.COM BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE WEB SITE OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE WEB SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEBSITE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE WEBSITE OR THE CONTENT, EVEN IF GFXMARKET.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE WEB SITE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITE.
RELEASE
If you have a dispute with another Member, you release GfxMarket.com (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. You hereby waive California Civil Code §1542 (and any analogous law in any other applicable jurisdiction), which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
INDEMNITY
You agree to defend, hold harmless and indemnify GfxMarket.com from and against any and all losses, costs, expenses, damages or other liabilities incurred by GfxMarket.com from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party against GfxMarket.com: (a) in connection with your use of the Services including any payment obligations incurred through use of the Services; or (b) resulting from: (i) your use of the Site (ii) your decision to supply credit information via the Site, including personal financial information; (iii) your decision to submit postings and accept offers from other Members; (iv) any breach of contract or other claims made by Members with which you conducted business through the Site; (v) your breach of any provision of this Agreement; (vi) any liability arising from the tax treatment of payments or any portion thereof; (vii) any negligent or intentional wrongdoing by any Member; (viii) any act or omission of yours with respect to the payment of fees to any Service Provider; (ix) your dispute of or failure to pay any invoice or any other payment; and/or (x) your obligations to a Service Provider. Any such indemnification shall be conditioned on our: (a) notifying you in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof; (b) cooperating with you in the defense or settlement thereof; and (c) allowing you to control such defense or settlement. We shall be entitled to participate in such defense through our own counsel at our own cost and expense. We reserve the right to report any wrongdoing of which we become aware to the applicable government agencies or otherwise.