“Account” means the account you open when you register on the Site as a User.
“Client” means a User that purchases Freelance Services or identifies a Freelance through the Site.
“Freelance Project” means a project that is solely promoted by a Client and in respect of which a Freelance can submit an offer via the Site.
“Project Specifications” means the document setting out the terms and conditions which are to apply to a Freelance Project.
“Freelance Project Handover”, in respect of a Freelance Project, means the agreement between the Client and winning Freelance under which the Freelance will transfer to the Client ownership of the winning offer. “Conflict Resolution Process” means the process to be followed by Clients and Freelances in accordance with the Conflict Resolution Services.
“Participant” means an eligible Freelance who has entered into a Freelance Project.
“Campusero”, “we”, “our”, or “us” means Futura Networks SL, with address in Avda. Atenas 10, Las Rozas, 28290 Madrid, in Spain, with fiscal number CIF nº B-82511775 and registered at the Commercial Registry of Madrid at T-14898, F-158, H-M247920 and its subsidiary in Brazil Futura Networks do Brasil Ltda, with address at Avda Angelica 2163 em Sao Paulo, Brazil, CEP 01.227-200 and Registration Number 09.150.231/0001-56.
“Intellectual Property Rights” means any and all intellectual property rights, existing worldwide and the subject matter of such rights, including: (a) patents, copyright, rights in circuit layouts (or similar rights), registered designs, registered and unregistered trade marks, and any right to have confidential information kept confidential; and (b) any application or right to apply for registration of any of the rights referred to in paragraph (a), whether or not such rights are registered or capable of being registered and whether existing under any laws, at common law or in equity.
“Service Payment” means a prepayment made by the Client for the provision of Freelance Services under a User Contract and which will be released in accordance with the section “Service Payments” below.
“Project” or “Listing” means a job offered or awarded by a Client via the Site, which may include a Project or Freelance Project listed by a Client, a project awarded by a Client, a service bought by a Client from a Freelance, and service awarded by a Client to a Freelance as a result of a Freelance Project hosted via the Site.
“Freelance” means a User that offers and provides services or identifies as a Freelance through the Site.
“Freelance Services” means all services provided by Freelances.
“User”, “you” or “your” means an individual who visits or uses the Site.
By accessing and/or using the Site, you agree to the following terms with Campusero.
The Site is an online venue where Users create and share creative activities, access to contents generated through the Campus Party network, participate in Campus Party activities, and buy and sell Freelance Services and items. Clients and Freelances must register for an Account in order to buy or sell Freelance Services and/or items. The Site enables Users to work together online to complete and pay for Projects, buy and use the services that we provide.
You acknowledge and agree that the Site, any necessary software used in connection with the Site (if any) and any Content available on the Site contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly permitted by applicable law or authorized by Futura Networks or applicable third party service providers or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site, the software or Content available on the Site (other than Content that you may submit), in whole or in part.
Futura Networks grants you a personal, non-transferable and non-exclusive right and license to access and use the Site; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Site. You agree not to access the Site by any means other than through the interface that is provided by Futura Networks for use in accessing the Site.
The term Futura Networks, the Futura Networks logo and other Futura Networks logos and product and service names are the exclusive trademarks of, and are owned by, Futura Networks, Inc., and you may not use or display such trademarks in any manner without Futura Networks’s prior written permission. Any third party trademarks or service marks displayed on the Site are the property of their respective owners.
Futura Networks reserves all rights not expressly granted hereunder.
Yin order to use the Campusero Site you must open a Campusero account and accept the Privacy Polity. You will not use the Campusero Site if you:
1. are not able to form legally binding contracts; or
2. are under the age of 16; or
3. a person barred from receiving and rendering services under the laws of Brazil or other applicable jurisdiction; or
4. are suspended from using the Campusero Site.
4. Using Campusero
While using the Campusero Site, you will not:
1. post content or items in inappropriate categories or areas on our Sites and services;
2. infringe any laws, third party rights or our policies, such as the Ethic Rules;
3. fail to deliver payment for services delivered to you, unless the Freelance has materially changed the Freelance Service provided from the bid or a clear typographical error is made;
4. fail to deliver Freelance Services purchased from you, unless the Client fails to meet the terms, materially alters the terms of the Freelance Services from the listing;
5. circumvent or manipulate our fee structure, the billing process, or fees owed to Campusero;
6. post false, inaccurate, misleading, defamatory or offensive content (including personal information);
7. take any action that may undermine the feedback or reputation systems (such as displaying, importing or exporting feedback information or using it for purposes unrelated to the Campusero Site);
8. transfer your Campusero account (including feedback) and Username to another party without our consent;
9. distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
10. distribute viruses or any other technologies that may harm Campusero, the Site, or the interests or property of Campusero users (including their Intellectual Property Rights, privacy and publicity rights) or is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
11. download and aggregate listings from our Site for display with listings from other Sites without our express written permission, "frame", "mirror" or otherwise incorporate any part of the Site into any other Site without our prior written authorisation;
12. attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Campusero Site;
13. copy, modify or distribute rights or content from the Campusero Site or Campusero's copyrights and trademarks; or
14. harvest or otherwise collect information about Users, including email addresses, without their consent.
5. Intellectual Property Rights infringement
It is our policy to respond to clear notices of alleged intellectual property rights infringement. Our Copyright Safeguard Policy is designed to make submitting notices of alleged infringement to us as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. If you believe that your Intellectual Property Rights have been violated, please notify us via the address on this section and we will investigate.
Campusero respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Campusero's Copyright Safeward with the information specified below in the form of a "Notification of Alleged Infringement." It is Campusero's policy to respond to clear Notifications of Alleged Infringement, and our policy is designed to make submitting Notifications of Alleged Infringement as straightforward as possible while reducing the number of Notifications that we receive that are fraudulent or difficult to understand or verify. If you are a subscriber and concerned about the removal of or blocked access to your content, please provide Campusero's Copyright Safeward with the written information specified below in the form of a "Counter-Notification."
The forms specified below are consistent with the forms suggested by the United States Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Website at http://www.copyright.gov).
NOTIFICATION OF ALLEGED COPYRIGHT INFRINGEMENT
If you would like to submit a claim of copyright infringement for material, please substantiate each claim by sending Campusero's registered Copyright Safeward a Notification of Claimed Infringement at the email or mailing address below:
Avda de Atenas 10, Las Rozas, Madrid 28290 Spain
To be considered effective, a Notification of Alleged Infringement must be submitted in writing and include the following information:
Physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of an exclusive copyright that has allegedly been infringed.
Identification of the copyrighted material claimed to have been infringed.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity that is to be removed or access to which is to be disabled.
Information reasonably sufficient to permit Campusero to locate the material that is claimed to be infringing or to be the subject of infringing activity.
Information reasonably sufficient to permit Campusero to contact you, such as a physical address, email address, and telephone number.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you elect to send us a Counter-Notification, please send an email or letter to Campusero's registered Copyright Safeward at the email or mailing address below:
Avda de Atenas 10, Las Rozas, Madrid 28290 Spain
To be considered effective, a Counter-Notification must be submitted in writing and include the following information:
Physical or electronic signature of the subscriber or a person authorized to act on behalf of the subscriber.
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled. The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of California, USA and that the subscriber will accept service of process from the person who submitted the Notification of Claimed Infringement or an agent of such person.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers.
6. Fees And Services
We charge fees for certain services, such as introduction fees for Projects, and premium memberships. When you use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged based on our Fees Chart, which we may change from time to time and will update you by placing on our Site. We may choose to temporarily change the fees for our services for promotional events (for example, discounts on memberships) or new services, and such changes are effective when we post the temporary promotional event or new service on the Sites.
Unless otherwise stated, all fees are quoted in Brazilian Reais.
If you choose to become a Premium member of Futura Networks, you must designate your preferred payment method through our designated Payments Administration Agent. You will immediately be charged for your membership fees after you click “Submit” on the confirmation page and your account will be activated to “Campusero Premium Member” status. You agree to pay all membership fees and other charges incurred in connection with your username and password for your Campusero account.
The premium fee is paid in an annual basis. All membership fees are payable in advance. Membership fees will be billed automatically to the Payment Method at the start of the annual period, as applicable, and will auto-renew until your membership is terminated. The renewal membership fees will be the same as the initial charges unless you are otherwise notified in advance. You authorize Futura Networks to charge your Payment Method for the appropriate membership charges and fees and for any other purchases you elect to make via the Site. Futura Networks reserves the right to increase membership fees or to institute new fees at any time upon reasonable notice posted in advance on this Site. ALL PURCHASES ARE FINAL AND NO REFUND WILL BE GIVEN FOR UNUSED PORTIONS OF YOUR INITIAL OR ANY RENEWAL MEMBERSHIP PERIOD.
Cancellation of Premium Membership
You may cancel your Premium membership by visiting your “Account” page and selecting “Downgrade” or by contacting us by email at [email protected] . The cancellation of a membership will go into effect at the end of your current billing cycle, and you will have the same level of access to the Site through the remainder of such billing cycle. When your Premium membership ends, your account will enter free mode. No refunds or credits will be provided by Futura Networks upon cancellation. You can renew your subscription at anytime without opening a new account, provided that additional fees may apply if you decide to upgrade to Premium membership at a later date.
You are responsible for paying any taxes and making any deductions which are stated by laws and regulations in your jurisdiction, including any goods and services or value added taxes, which may be applicable depending on the jurisdiction of the services provided.
You must also comply with your obligations under income tax provisions in your jurisdiction, in particular but not limited to the relationship Client and Freelance.
8. Payment Administration Agent
We may display your company or business name, logo, images or other media, and public description of your Projects and profile as part of the Campusero Services and/or other marketing materials relating to the Campusero Site, except where you have explicitly requested that we do not do this and we have agreed to such request.
When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future. You acknowledge and agree that: (1) we only act as a portal for the online distribution and publication of User content. We make no warranty that User content is actually made available on the Site. We have the right (but not the obligation) to take any action deemed appropriate by us with respect to your User content; (2) we have no responsibility or liability for the deletion or failure to store any content, whether or not the content was actually made available on the Site; and (3) any and all content submitted to the Site is subject to our approval. We may reject, approve or modify your User content at our sole discretion.
You represent and warrant that your content:
1. will not infringe upon or misappropriate any copyright, patent, trademark, trade secret, or other intellectual property right or proprietary right or right of publicity or privacy of any person;
2. will not violate any law or regulation;
3. will not be defamatory or trade libellous;
4. will not be obscene or contain child pornography;
5. will not contain the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons
6. will not contain material linked to terrorist activities
7. will not include incomplete, false or inaccurate information about User or any other individual; and
8. will not contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
You acknowledge and agree that we may transfer your personal information to a related body corporate and your information may be transferred outside of Brazil, Spain and the EEC-area. If you wish to withdraw your consent, you acknowledge and agree that we may be unable to provide you with access to the Site and Campusero Services and may close your Account.
Information on the Site may contain general information about legal, financial, health and other matters. The information is not advice, and should not be treated as such. You must not rely on the information on the Site as an alternative to professional advice. If you have specific questions about any matter you should consult your professional adviser.
We provide unmonitored access to third party content, including User feedback and articles with original content and opinions (or links to such third party content). We only act as a portal and have no liability based on, or related to, third party content on the Site, whether arising under the laws of copyright or other intellectual property, defamation, libel, privacy, obscenity, or any other legal discipline. The Site may contain links to other third party Sites. We do not control the Sites to which we link from the Site. We do not endorse the content, products, services, practices, policies or performance of the Sites we link to from the Site. Use of third party content, links to third party content and/or Sites is at your risk.
11. Feedback, Reputation And Reviews
You acknowledge that you transfer copyright of the feedback, reputation and reviews you leave consisting of comments and a multidimensional rating (e.g. quality, communication etc.) together with a composite rating by us. You acknowledge that such feedback, reputation and reviews belong solely to us, notwithstanding that we permit you to use it on our Site while you remain a User. You must not use, or deal with, such feedback, reputation and reviews in any way inconsistent with our policies as posted on the Site from time to time without our prior written permission.
You may not do (or omit to do) anything that may undermine the integrity of the Campusero feedback system. We are entitled to suspend or terminate your Account at any time if we, in our sole and absolute discretion, are concerned by any feedback about you, or your feedback rating, where we believe our feedback system may be subverted.
Our feedback ratings belong to us and may not be used for any purpose other than facilitating the provision of Freelance Services via the Site. You may not use your Freelance or Client feedback (including, but not limited to, marketing or exporting your any or all of your composite rating or feedback comments) in any real or virtual venue other than a Site operated by Campusero or its related entities without our written permission.
Unless otherwise agreed with us, you must not advertise an external Site, product or service on the Site. Any Site address posted on the Site, including in a listing, bid, listing description, clarification board or the message board, must relate to a project, Freelance Project, item listed, user or service being performed on the Site. An example of a permissible Site address would be a portfolio of work. We may display sponsor advertisements and promotions on the Site. You acknowledge and agree that we shall not be responsible for any loss or damage of any kind incurred by you as as result of the presence of such advertisements/ promotions in the Site or your subsequent dealings with the Advertisers. Furthermore, you acknowledge and agree that content of sponsor advertisements or promotions is protected by copyrights, trademarks, service marks, patents or other intellectual property or proprietary rights and laws. Unless expressly authorised by Campusero or third party right holders, you agree not to modify, sell, distribute, appropriate or create derivative works based on such advertisement/promotions.
13. Communication With Other Users
You must not post your email address or other contact information on the Site, except in the "email" field of the signup form, at our request or as otherwise permitted by us on the Site. Unless you have a prior relationship with a User, you must only communicate with Users via the Site, including by using the Project message board, inbox private messaging or chat facilities. Unless we provide a User's contact information through a feature or function available through the Site, you must not, and must not attempt to, communicate with other Users in respect of Projects through any other means such as email, telephone, Skype, ICQ, AIM, MSN Messenger, GTalk and Yahoo.
You authorise us, directly or through third parties, to make any inquiries we consider necessary to validate your identity. You must, at our request: (1) provide further information to us, which may include your date of birth and other information that will allow us to reasonably identify you; (2) take steps to confirm ownership of your email address or financial instruments; or (3) verify your information against third party databases or through other sources.
You must also, at our request, provide copies of identification documents (such as your drivers' licence). We may also ask you to provide photographic identification holding a sign with a code that we provide as an additional identity verification step.
We reserve the right to close, suspend, or limit access to your Account, the Site and/or Campusero Services in the event we are unable to obtain or verify to our satisfaction the information which we request under this section.
We may read all correspondence posted to the Site and download or access, and test (if necessary), all uploaded files, programs and Sites related to your use of the Site for the purpose of investigating fraud and for risk management and related purposes.
15. Client - Freelance relationship
You are solely responsible for ensuring that you comply with your obligations to other Users. If you do not, you may become liable to that User. You must ensure that you are aware of any domestic laws (including common law), international laws, statutes, ordinances and regulations relevant to you as a Client or Freelance, or in any other uses you make of the Site. If another User breaches any obligation to you, you are solely responsible for enforcing any rights that you may have. For the avoidance of doubt, we have no responsibility for enforcing any rights under a User Contract.
You may have funds in your Account if you have prepaid for fees or charges or for services to be provided to you via the Site. If you are a Freelance, you may have funds if you have successfully completed a Project, or sold an item, and funds have been released to you.
Funds in your Account are held by us in our operating accounts held with reputable financial institutions. Funds in your Account are not held separately by us and may be commingled with our general operating funds and funds of other User's Accounts.
You are not entitled to any interest, or other earnings for funds that are in your Account.
We may receive interest on funds held by us in our operating accounts (which may include funds in your Account) from financial institutions with whom we hold our operating accounts. Any such interest earned belongs to us and we will not be liable to any User for any imputed interest on such funds.
If your Account has a negative amount of funds, we may:
1. set-off the negative amount of funds with funds that you subsequently receive into your Account;
2. if you have funds in multiple currencies in your Account and one of the currencies becomes negative for any reason, we may set-off the negative amount against funds you maintain in a different currency balance (at an exchange rate applied by us);
3. reverse payments you have made from your Account to other User Accounts on the Site;
4. deduct amounts you owe us from money you subsequently add or receive into your Account; or
5. immediately suspend or limit your Account until such time as your Account no longer has a negative amount.
In the event that we offset a negative amount of funds pursuant to this section, it may be bundled with another debit coming out of your Account.
We reserve the right to collect any funds owed to us by any other legal means.
You acknowledge and agree that:
1. we are not a bank or other licensed financial institution and do not provide banking services or any financial services to you;
2. the funds shown in your Account (which may include Service Payments and/or any prepayment of fees and charges which you owe to us) represents our unsecured obligations to you with respect to your rights to direct us to make payment in relation to the purchase and sale of Freelance Services through the Site and provision of the Campusero Services;
3. to the extent that we are required to release funds from your Account to you, you will become our unsecured creditor until such funds are paid to you;
4. we are not acting as a trustee or fiduciary with respect to such funds or payments;
5. the amount of funds showing in your Account is not insured and is not a guaranteed deposit;
6. funds may only loaded into your Account, or released from your Account, by us and you must only use the mechanisms available on the Site to pay for, or receive funds in respect of Freelance Services;
7. we will hold funds in respect of the amount of your Account (including Service Payments) in an account held by us with a financial institution (or in any manner that we decide in our sole discretion from time to time) and such funds are not segregated into a separate account; and
17. Limits & Fraud Prevention
We reserve the right to suspend a User withdrawal request if the source of the funds is suspected to be fraudulent.
If we become aware that any funds received into an Account from another Account as a result of a fraudulent transaction (e.g. paid a Service Payment using a stolen credit card) it will be reversed immediately. If those funds have already been released to you, you must pay the funds into your Account. If you do not do so, we may suspend, limit or cancel your account, or take action against you to recover those funds.
We may, in our sole discretion, place a limit on any or all of the funds in your Account (thereby preventing any use of the funds) if:
1. we believe there may be a high level of risk associated with you, your Account, or any or all of your transactions, including if we believe that there is a risk that such funds will be subject to reversal or chargeback;
2. we believe that the beneficiary of the payment is someone other than you;
3. we believe that the payment is being made to a country where we do not offer our Service; or
4. we are required to do so by law.
If you are involved in a dispute, we may (in certain circumstances) place a temporary limit on the funds in your Account to cover the amount of any potential liability. If the dispute is resolved in your favour, we will lift the limit on your funds and those funds may be released to you. If the dispute is not resolved in your favour, we may remove the funds from your Account.
You may ask for a refund at any time for any funds that you have paid into your Account except if the amount to refund relates to a Service Payment or relates to fees or charges payable to us. If the amount the User has asked to refund relates to: (1) a Service Payment, the Dispute Resolution Process may be followed; or (2) our fees and charges, the process set out in the Clause “Disputes with Us” must be followed.
If we agree to the refund, the funds will be received by the User via the same payment method(s) that the User used to make the original payment to us. We may, in our sole discretion, use an alternative payment method in exceptional circumstances.
We may refund funds to Users irrespective of whether a User has requested funds be refunded if: (1) we are required by law or consider that we are required by law to do so; (2) we determine that refunding funds to the User will avoid any dispute or an increase in our costs; (3) we refund funds to the User in accordance with any refund policy specified by us from time to time; (4) we find out that the original payment made by the User is fraudulent; (5) the User made a duplicate payment in error; or (6) we consider, in our sole opinion, that it is likely that the refund of funds is necessary to avoid a credit card chargeback.
You can request a refund by emailing us at [email protected] . If you have done so, you must not initiate a chargeback request with your credit card issuer until such time as all reasonable efforts have been exhausted with us to resolve your request. If you have already initiated a chargeback request with your credit card issuer, you must not request a refund of funds by contacting us and must not seek double recovery. If we reasonably determine, having considered all the relevant circumstances, that you have made an excessive or unreasonable number of requests to refund funds back to you or chargebacks, we may suspend, limit or close your Account.
There is no minimum amount for a refund.
Your first withdrawal of funds earned will be delayed for fifteen days for security and fraud purposes. Subsequent withdrawals may be delayed for up to fifteen days where our fraud prevention policies dictate that a delay is required.
We impose a minimum withdrawal amount for funds earned. This is set out in our Fees Chart.
You acknowledge and agree that we may seek to verify your identity or request additional information from you as part of our anti-fraud policy.
A chargeback (being a challenge to a payment that a Client files directly with their credit card issuer) and a reversal instruction is made by the payment product issuer or third parties (such as payment processors) and not by us. We are bound to follow their instructions.
You acknowledge and agree that we will be entitled to recover chargebacks and reversals that may be imposed on us by a payment product issuer or third parties (such as payment processors) on funds paid to you by Clients through the Site.
You agree that we may reverse any such payments made to you, which are subject to chargeback or reversal instruction via your payment product issuer or third parties (such as payment processors).
21. Right To Refuse Service
We may close, suspend or limit your access to your Account without reason. Without limiting the foregoing, we may close, suspend or limit your access to your Account:
2. if you under-bid on any Project in an attempt to renegotiate the actual price privately, avoiding fees;
3. if we determine that you have breached legal liabilities (actual or potential), including infringing someone else's Intellectual Property Rights;
4. if we determine that you have engaged, or are engaging, in fraudulent, or illegal activities;
5. you do not respond to account verification requests;
6. you are the subject of a United Nations, Brazil, EU or USA sanctions regime, or our banking and payment relationships otherwise preclude us from conducting business with you;
7. to manage any risk of loss to us, a User, or any other person; or
8. for other similar reasons.
We do not operate an escrow service. We do however, provide a service which allows controlled payments to be made with respect to a service called Service Payments.
Subject to the User Contract, the Client can make a Service Payment, which will be locked from the Client's Account and cannot be claimed by the Freelance until:
1. the Client and Freelance agree that the funds can be claimed by the Freelance;
2. if there is a dispute, the Client and Freelance have concluded the Dispute Resolution Process and the Dispute is resolved in the Freelance’s favour;
3. the Client instructs us to pay a Freelance for services performed by the Freelance in respect of a project or Freelance Project; or
4. the Client acknowledges that the Freelance has completed the services fully and satisfactory. If a Client does not approve of the Freelance’s work product, the parties may elect to resolve the issue under the Dispute Resolution Process.
23. Conflict Resolution Services
Campusero offers the Conflict Resolution Services to Users who have elected to use the Service Payment feature. You agree and acknowledge that: (i) Campusero is not providing legal services; (ii) Campusero will not advise you regarding any legal matters; and (iii) if you desire to have legal counsel, you will seek an independent legal counsel from those licensed to practice law in your jurisdiction. You will not rely on Campusero for any such counsel.
In the event of a dispute between a Client and a Freelance regarding a return or release of Service Payments, either Client or Freelance may elect to use the Conflict Resolution Services offered by Campusero as set out in the Conflict Resolution Policy. The Client and Freelance will then be notified that the matter will be addressed through the Conflict Resolution Services.
You agree to indemnify and (to the maximum extent permitted by law) hold Campusero and any of our affiliates harmless against any damages or liability you may suffer as a result of using the Service Payments and/or Conflict Resolution Services.
Campusero will respond to disputes initiated by a Freelance or a Client in accordance with the Conflict Resolution Services as set out in this clause and the Conflict Resolution Policy and in relation to disputes that arise in relation to the provision of the venue, and the hosting of the Site by Campusero as set out in the clause entitled Disputes with Us.
24. Other Disputes With Users
You acknowledge and agree that in the event that a dispute arises between you and another User in relation to any project that you will first attempt to resolve any differences that you have in relation to such Project, including in relation to the quality of the services provided.
If you continue to have any difficulties or problems in relation to a dispute with another User in relation to a project we encourage you to contact us as set out in the Clause entitled “Contacting us”. You agree that any dispute that is not related to a Service Payment (which must be dealt with in accordance with the Conflict Resolution Policy) arising between you and another User will be handled in accordance with this clause. Campusero will have full rights and powers to make a determination for all such disputes. Upon receipt of a dispute, Campusero shall have the right to request the Freelance and the Client to provide documentation in support of their claim or position in relation to the dispute. You agree that Campusero has absolute discretion to accept or reject any document provided. You also acknowledge that Campusero is not a judicial or alternative dispute resolution institution and that we will make the determinations only as an ordinary reasonable person. In addition, we do not warrant that the documents provided by the parties to the dispute will be true, complete or correct and you agree to indemnify and (to the maximum extent permitted by law) hold Campusero and any of our affiliates harmless against any damages or liability you may suffer as a result of any documentation or material subsequently being found to be false or misleading.
In relation to disputes with any other users of the Site, you hereby agree to indemnify Campusero from any and all claims, demands, and damages, actual and consequential, of every kind and nature, known and unknown, that is related to such a dispute, our determinations or the use of the Conflict Resolution Services for Service Payments and/or for Other Conflicts.
25. Conflict Resolution Services Ethic Rules
The Campusero Ethic Rules applies to all the services offered by Campusero, including, but not limited to, the Conflict Resolution Services. It is agreed by you that you will make every endeavour at fair play and post reasonable and fair demands/offers on your conflict.
A User found to be in breach of the Ethic Rules during the Conflict Resolution Service process may automatically lose the dispute in favour of the other party involved, regardless of the origin of the dispute. The User who breached the Ethic Rules may also incur further disciplinary action. For more information, read the Ethic Rules.
26. Conflicts With Us
If a conflict arises between you and Campusero, our goal is to address your concerns and, if we are unable to do so to your satisfaction, to provide you with a means of resolving the dispute quickly. We strongly encourage you to first contact us directly to seek a resolution by emailing us at [email protected].
For any claim, Campusero may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. If Campusero elects arbitration, such arbitration will be initiated through an established alternative dispute resolution (ADR) provider, which is to be selected by you from a panel of ADR providers that Campusero will provide to you. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
All claims you bring against Campusero must be resolved in accordance with the terms of this Agreement. All claims filed or brought contrary to this Agreement shall be considered improperly filed and a breach of this Agreement. Should you file a claim contrary to the terms of this Agreement, Campusero may recover its legal fees and costs (including in-house lawyers and paralegals), provided that Campusero has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim. If any proceeding by or against you is commenced under any provision of any bankruptcy or insolvency law, Campusero will be entitled to recover all reasonable costs or expenses (including reasonable legal fees and expenses) incurred in connection with the enforcement of this Agreement. Campusero’s failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
We may run and promote Challenges on the Site from time to time and such competitions will be subject to the terms and conditions as published by us on the Site.
Prizes awarded will be denominated in USD unless stated otherwise. Competition winners will be determined by us in accordance with the applicable terms and conditions at our absolute discretion. All decisions made us in respect of competition are final and we will not enter into any correspondence in relation to the prize or the promotion.
28. Freelance Projects
Clients can promote a Freelance Project hosted on the Site by providing a Project Specifications and paying the Freelance Project Fee in accordance to our instructions provided on the Site. A Client which promotes a Freelance Project acknowledges and agrees that it is solely responsible for the operation and promotion of the Freelance Psroject and warrants that it will comply with all applicable law in respect of the operation and promotion of the Freelance Project. We have no liability for loss suffered by a User in connection with a Freelance Project including but not limited to loss suffered (or penalties imposed) in connection with a contravention of law.
Participants may submit their offers in image, video, text or other format as specified on the Site. All offers must comply with the Project Specifications and must not infringe any Intellectual Property Rights. Any offer which infringes any Intellectual Property Rights will be an ineligible offer and subject to removal either by the Client or us and subject to action as per our Copyright Safeguard Policy.
Clients can promote either: (1) a fixed fee Freelance Project, under which a Client may select one Freelance, and Clients may request that the Freelance Project Fee be released to them if a Freelance has not been chosen; or (2) a best offer Freelance Project, under which a Client may select one Freelance and charge the appropriate agreed fees.
After awarding a Freelance Project Prize, the Client and winning Participant(s) will enter into a Freelance Project Handover and when the winning Participant(s) has uploaded the winning offer (including all related files) to the Client, the Freelance Project Prize will be released to the winner of the Freelance Project unless disputed by the Client in which case the dispute must be resolved between the Client and winning Participant(s) before we can release the Freelance Project Prize to the winning Participant(s).
For avoidance of doubt, the Client has no right or license to use any offers other than the winning offer/offers. The Client may not: (1) promote a Freelance Project via the Site if the Client is hosting a similar Freelance Project through another service; (2) allow or request Freelances to submit offers to the Client via other means than the Site; and (3) award another Account that might be deemed as collusion or awarding another Account owned by the Client.
If you have a dispute with one or more Users, you release us (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 disputes.
30. Access And Interference
You agree that you will not use any robot, spider, scraper or other automated means to access the Campusero Site for any purpose without our express written permission.
Additionally, you agree that you will not:
1. take any action that imposes or may impose (in our sole discretion, exercised reasonably) an unreasonable or disproportionately large load on our infrastructure;
2. interfere with, damage, manipulate, disrupt, disable, modify, overburden, or impair any device, software system or network connected to or used (by you or us) in relation to the Campusero Site or your Account, or assist any other person to do any of these things, or take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
3. copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the Site’s without the prior express written permission of Campusero and the appropriate third party, as applicable;
4. interfere or attempt to interfere with the proper working of the Site’s, services or tools, or any activities conducted on or with the Site’s, services or tools; or
5. bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
31. Closing Your Account
You may close your Account at any time by emailing us at [email protected] , subject to:
1. not having any outstanding listings on the Site; and
2. resolving any outstanding matters (such as a suspension or restriction on your Account); and
3. paying any outstanding fees owing on the Account.
You will indemnify us (and our officers, directors, agents, subsidiaries, joint venturers and employees) against any claim or demand, including legal fees and costs, made against us by any third party due to or arising out of your breach of this Agreement, or your infringement of any law or the rights of a third party in the course of using the Campusero Site and Campusero Services.
You must immediately notify us upon becoming aware of any unauthorised access or any other security breach to the Site, your Account or the Campusero Services and do everything possible to mitigate the unauthorised access or security breach (including preserving evidence and notifying appropriate authorities). You are solely responsible for securing your password. We will not be liable for any loss or damage arising from unathourised access of your account resulting from your failure to secure your password.
35. No Insurance Or Warranty
We do not offer any form of insurance, or other Client or Freelance protection.
36. No Warranty As To Each User’s Purported Identity
Because User identification on the internet is difficult, we cannot and do not confirm each User's purported identity. We may provide information about a User, such as a strength or risk score, geographical location, or third party background check or verification of identity or credentials. However, such information is based solely on data that the User submits and we provide such information solely for the convenience of Users and the provision of such information is not an introduction, endorsement or recommendation by us.
37 No Warranty As To Content On The Site
The Site is a dynamic time-sensitive Site. As such, information on the Site will change frequently. It is possible that some information could be considered offensive, harmful, inaccurate or misleading or mislabelled or deceptively labelled accidentally by us or accidentally or purposefully by a third party. Our Services, the Site and all content on it are provided on an 'as is', 'with all faults' and 'as available' basis and without warranties of any kind either express or implied. Without limiting the foregoing, we make no representation or warranty about:
1. the Site or any Freelance Services or Campusero Services;
2. the accuracy, reliability, availability, veracity, timeliness or content of the Site or any Freelance Services or Campusero Services;
3. whether the Site or Freelance Services or Campusero Services will be up-to-date, uninterrupted, secure, error-free or non-misleading;
4. whether defects in the Site will be corrected;
5. whether the Site, the Freelance Services or the Campusero Services or any data, content or material will be backed up or whether business continuity arrangements are in place in respect of the Site, Freelance Services or Campusero Services;
6. any third party agreements or any guarantee of business gained by you through the Site, Freelance Services or Campusero Services or us; or
7. the Site, Freelance Services or Campusero Services or infrastructure on which they are based, being error or malicious code free, secure, confidential or performing at any particular standard or having any particular function.
To the extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, quality, suitability and non-infringement.
38. Limitation Of Liability
In no event shall we, our related entities, our affiliates or staff be liable, whether in contract, warranty, tort (including negligence), or any other form of liability, for:
1. any indirect, special, incidental or consequential damages that may be incurred by you;
2. any loss of income, business or profits (whether direct or indirect) that may be incurred by you;
3. any claim, damage, or loss which may be incurred by you as a result of any of your transactions involving the Site.
39. Jurisdiction Limitations
As some jurisdictions do not allow some of the exclusions or limitations as established above, some of these exclusions or limitations may not apply to you. In that event, the liability will be limited as far as legally possible under the applicable legislation.
40. Bar To Action
41. No Class Actions
You and we agree that you and we will only be permitted to bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and we agree otherwise, the arbitrator may not consolidate or join more than one person's or party's claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. In addition, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party's individual claim(s). Any relief awarded cannot affect other Users.
Legal notices must be served on Campusero (in the case of Campusero) or to the email address you provide to Campusero during the registration process (in your case). Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid or that the email has not been delivered. Alternatively, we may give you legal notice by mail to the address provided by you during the registration process. In such case, notice will be deemed given three days after the date of mailing. Any notices to Campusero must be given by registered ordinary post (or if posted to or from a place outside Spain, by registered airmail).
43. Law And Forum For Legal Disputes
This Agreement will be governed in all respects by the laws of the Kingdom of Spain. We encourage you to try and resolve disputes using certified mediation (such as online dispute resolution processes). If a dispute cannot be resolved then you and Campusero irrevocably submit to the non-exclusive jurisdiction of the courts of Madrid, Spain.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
46. No Waiver
Our failure to act with respect to an anticipated or actual breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Nothing in this section shall exclude or restrict your liability arising out of fraud or fraudulent misrepresentation.
You consent to receive notices and information from us in respect of the Site and Services by electronic communication. You may withdraw this consent at any time, but if you do so we may choose to suspend or close your Account.
48. Additional Terms
It is important to read and understand all our policies as they provide the rules for trading on the Campusero Site. In addition there may be specific policies or rules that apply, and it is your responsibility to check our Help pages and policies to make sure you comply. Our policies, including all policies referenced in them, are part of this Agreement and provide additional terms and conditions related to specific services offered on our Sites, including but not limited to:
• Conflict Resolution process
• Fees Chart
Futura Networks SL is located at Avda. de Atenas 10, Las Rozas, Madrid 28290 Spain. This Agreement contains the entire understanding and agreement between you and Futura Networks. The following Sections survive any termination of this Agreement: Fees And Services (with respect to fees owed for our services), Release, Content, No Warranty As To Content, Limitation Of Liability, Indemnity, Bar To Action, No Class Actions, and Disputes With Us.
Annex Campusero Ethic Rules
Trust, respect, truthfulness and high professional quality standards are key values to Campusero. We have a commitment and an obligation to conduct its business in accordance with all applicable rules, regulations and laws. We are committed to helping all Users conduct themselves by this values. This Ethic Rules are meant as a guide to using our Site appropriately and must be followed at all times. Violations of this Ethic Rules or any policies or procedures will result in disciplinary action, up to and including account termination.
act ethically and with integrity;
comply with all of Campusero's policies
respect the rights of all Users;
not abuse confidential information, or participate in any other illegal practice;
have regard for Users' interests, rights and safety
not harass, bully or discriminate
not falsify my own or any other identity and I will provide true and correct information
I am responsible for the content I post on Campusero and I will not post content that:
infringes upon any copyright or other intellectual property right
violates any law or regulation;
is obscene or contains child pornography;
includes incomplete, false or inaccurate information about a any person
contains any viruses or programming routines intended to damage any system;
creates liability for Campusero or harms its business operation or reputation
respect confidentiality and privacy
not disclose information or documents acquired, other than as required by law or where authorization is given;
I will not:
ask employers for their contact details, or attempt to otherwise contact employers outside the Campusero messaging systems
report any breaches
not engage in fraud
not create multiple accounts
not use the Site to transfer funds illegally
not use the Site to generate false feedback
avoid exaggeration, derogatory remarks, and inappropriate references
not engage in personal attacks, negative or other unfair criticism or other unprofessional conduct
I will not:
underquote to avoid fees;
participate in illegal projects
Spam or Advertising
I will not:
spam or advertise my website or service unless otherwise allowed
I will not:
use Campusero to facilitate money exchange