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TalentWand Terms of Services

Welcome to talentwand.de is a marketplace platform for freelance services offered by its users.

These general terms and conditions apply to the use of the services offered by VICIQLOUD UG (haftungsbeschränkt), hereinafter 'VICIQLOUD UG (haftungsbeschränkt)', through its web platform TALENTWAND.

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, found here, 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.

This User Agreement describes the terms and conditions which you accept by using our Website or our Services. We have incorporated by reference some linked information.

Key Terms:

Offers are freelance services posted by users.

Sellers are users who post and perform freelance services through Offers on TalentWand.

Buyers are users who browse freelance services and contact sellers on TalentWand.

Browse Offers is a page where buyers can browse freelance services posted by sellers, see details of a service and contact seller by sending a request.

Profile is a page where sellers can add brief information about themselves, add skills and see the services they offered.

Chat is where buyers and sellers communicate with each other in connection with a requested Offer.

Overview (Main terms, in a nutshell)

  • Only registered users may buy and sell on TalentWand. Registration is free.

  • Sellers may determine the price for their service per hour, per contract or on request while offering their services on TalentWand.

  • Users may not offer or accept requests using any method other than starting the work through talentwand.de.

  • Sellers may not promote their Offers or any TalentWand content via the AdWords platform.

  • We care about your privacy. You can read our Privacy Policy here. The Privacy Policy is a part of these Terms of Service and incorporated herein by reference.

Offers

Offers may be removed by TalentWand for violations to these Terms of Service, which may include (but are not limited to) the following violations and/or materials:

  • Illegal or Fraudulent services

  • Copyright Infringement, Trademark Infringement, and violation of a third party's terms of service

  • Adult oriented services, Pornographic, Inappropriate/Obscene

  • Intentional copies of Offers

  • Spam, Nonsense, or Violent Offers

  • Offers misleading to buyers

  • Reselling of regulated goods

USER CONDUCT AND PROTECTION

TalentWand enables people around the world to create, share, sell and purchase nearly any service they need at an unbeatable value. Services offered on TalentWand reflect the diversity of an expanding Gig economy. Members of the TalentWand community communicate and engage through orders, and social media.

To report a violation of our Terms of Service, User Misconduct, or inquiries regarding your account, please contact us through ani.calis@viciqloud.com.

Basics

  • To protect our users' privacy, user identities are kept anonymous. Requesting or providing Email addresses, Skype/IM usernames, telephone numbers or any other personal contact details to communicate outside of TalentWand in order to circumvent or abuse the TalentWand messaging system or TalentWand platform is not permitted.

  • Users may report Offers to Customer Support that may be in violation of TalentWand’s Terms of Service based on the reported Offer’s replicated similarity to pre-existing services (copycat Offers).

  • Any necessary exchange of personal information required to continue a service may be exchanged within the chat page.

  • TalentWand neither guarantees the result of the service by sellers nor provides any guarantee of the level of service offered to buyers. TalentWand only connects sellers with buyers through services offered by sellers.

  • TalentWand does not provide protection for users who interact outside of the TalentWand platform.

  • All information exchanges must be performed exclusively on TalentWand platform.

  • Rude, abusive, improper language, or violent messages sent to users will not be tolerated and may result in an account warning or the suspension/removal of your account.

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. 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 - TalentWand does not allow any exchange of adult oriented or pornographic materials and services.

Inappropriate Behavior & Language - Communication on TalentWand should be friendly, constructive, and professional. TalentWand condemns bullying, harassment, and hate speech towards others.

Phishing and Spam - TalentWand 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 for commercial purposes without their consent.

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 TalentWand will not be protected by our Terms of Service.

Intellectual Property Claims - TalentWand 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 TalentWand 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 will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations to TalentWand’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 TalentWand. This includes creating new multiple accounts to harass members through our message system.

Selling Accounts - You may not buy or sell accounts on TalentWand.

General Terms

  • TalentWand reserves the right to put any account on hold or permanently disable accounts due to breach of these terms of service or due to any illegal or inappropriate use of the Site or services.

  • TalentWand may make changes to its Terms of Service from time to time. When these changes are made, TalentWand will make a new copy of the terms of service available on this page.

  • You understand and agree that if you use TalentWand after the date on which the Terms of Service have changed,TalentWand will treat your use as acceptance of the updated Terms of Service.

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 TalentWand by our users (Buyers and Sellers) is User Generated Content. TalentWand 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,TalentWand is not responsible for the content, quality or the level of service provided by the Sellers. We provide no warranty with respect to the Offers, their delivery, and any communications between buyers and sellers.
By offering a service, the seller undertakes that he/she has sufficient permissions, rights and/or licenses to provide, sell or resell the service is offered on TalentWand.

Ownership

Ownership and limitations: Unless clearly stated otherwise on the seller's Offer page/description, when the work is delivered, 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.

Sellers further confirm that whatever information they receive from the buyer, which is not public domain, shall be kept confidential and shall not be shared or used for any purpose whatsoever other than for the delivery of the ordered work to the buyer.

Furthermore, users (both buyers and sellers) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to TalentWand including Offer texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by TalentWand for no consideration for marketing and/or other purposes.

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 TalentWand’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 TalentWand 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 TALENTWAND NOR ANY PERSON ASSOCIATED WITH TALENTWAND 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.

Limitation on Liabilityt

IN NO EVENT WILL TALENTWAND, 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.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.