#ToS - Terms of Service
Welcome and many thanks for visiting and using the website located at https://elancemarket.com (from now and hereafter referred to as the “Service”), which is owned and provided by Elance Market from now on hereafter referred to as “Elance Market”.
Your use and access of the Service is governed by and subject to the following agreements (collectively, the “Elance Market Agreements”), applicable to you and your use of the Service:
These Terms of Service (“Master Terms of Service”)
2. Access to and Description of The Service
Elance Market offers an advertising technology Service (the “Services”) that connects Publishers and Advertisers or Resellers via our online platform and therefore is not responsible for the content, functionality or performance of any Ad or Publisher Property. Instead Elance Market offers a web-based technology Service that collects information about how Users use Publisher Properties within the Network and enables Advertisers and Resellers to serve Ads to those Publisher Properties based on specific User Characteristics via the Service.
Elance Market reserves the right, in its sole discretion, to modify this Agreement at any time by posting the changes on the Website, or by sending you a notice via email or postal mail. You shall be responsible for reviewing and becoming familiar with any such modifications. Your use of the Services following such update constitutes your acceptance of the terms and conditions of this Agreement as modified.
Elance Market does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register for the Services. If you are under 13, please do not attempt to register for the Services or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 may provide any personal information to Elance Market or on the Services. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us.
You represent and warrant to Elance Market that: (i) you are an individual (i.e., not a corporation) and you are of legal age to form a binding contract or have your parent’s permission to do so, and you are at least 13 years of age or older; (ii) all registration information you submit is accurate and truthful; and (iii) you will maintain the accuracy of such information. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.
3. Member Accounts
If you are a Publisher, Advertiser or Reseller, in order to use certain features of the Service you are required to create a password-protected account (“Account”). It is your sole responsibility to protect your password, control access to and use of your Account, and notify Elance Market when you desire to cancel your Account. You are responsible for maintaining the strict confidentiality of your password, and you shall be responsible for any access to or use of your Account, including any fees, costs, or expenses incurred or accumulated as a result of such use, by you or any person or entity using your password, whether or not such access or use has been authorized by or on behalf of you, and whether or not such person or entity is your employee or agent. You agree to (a) immediately notify Elance Market of any unauthorized use of your password or Account or any other breach of security, and (b) ensure that you exit from your Account at the end of each session. Elance Market will not be liable or responsible for, and you hereby waive any claim against Elance Market in connection with, any loss or damage arising from your failure to comply with this provision.
4. WEBSITE CONTENT
The Website and its contents are intended solely for the personal, non-commercial use of Website users and may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Website (including, but not limited to text, graphics, articles, photographs, images, illustrations (also known as the “Content”)) are protected by copyright. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right.
The Website is protected by copyright as a collective work and/or compilation, pursuant to German copyright laws, international conventions, and other copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section 2), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.
You may download or copy the Content (and other items displayed on the Website for download) for personal non-commercial use only, provided that you maintain all copyright and other notices contained in such Content. You shall not store any significant portion of any Content in any form. Copying or storing of any Content other than personal, non-commercial use is expressly prohibited without prior written permission from Elance Market or from the copyright holder identified in such Content’s copyright notice. You shall not link to the Website without Elance Market’s prior written consent.
Under no circumstances will Elance Market be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.
5. YOUR WARRANTY
You warrant, represent and agree that you will not use the Services in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) involves commercial activities and/or sales without Elance Market’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including without limitation any employee or representative of Elance Market; or (vi) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program. Elance Market reserves the right to remove any Content from the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Elance Market is concerned that you may have breached the immediately preceding sentence), or for no reason at all.
You are responsible for all of your activity in connection with the Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Services. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Elance Market user. Use of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity is expressly prohibited. You will not run Maillist, Listserv, any form of auto-responder, or “spam” on the Services, or any processes that run or are activated while you are not logged on to the Website, or that otherwise interfere with the proper working of or place an unreasonable load on the Services’ infrastructure. Further, the use of manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Website is strictly prohibited. You will not decompile or reverse engineer (other than as permitted by applicable law), or otherwise attempt to obtain the source code of the Services. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services.
7. WARRANTY DISCLAIMER
Elance Market has no special relationship with or fiduciary duty to you. You acknowledge that Elance Market has no control over, and no duty to take any action regarding: which users gains access to the Services; what Content you access via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Elance Market from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Elance Market makes no representations concerning any Content contained in or accessed through the Services, and Elance Market will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, CONTENT, WEBSITE AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
8. SERVICE DISCLAIMER
9.1 The Ranking of your App:
The ranking of your app may improve, may not improve depending upon the marketing strategies you follow and the various factors like market conditions, active competitors and keyword competition ...etc but we are not accountable for the same as it's not a part of or covered under our services in any way at all. We do not guarantee any improvement in the ranking of your app as such from after purchasing our services.
9.2 Fluctuation in your App's Ranking:
You may see fluctuation (positive or negative) in your app's ranking at any point but we are not at all responsible for that because we do not provide ranking services i.e we do not charge you for getting your app ranked higher but we just deliver the number of installs (or ratings, reviews) you purchase and you get results according to the marketing strategies you follow. Sometimes app falls out of rank for keywords irrespective of how you promote your app as this can be the result of algorithm changes in Play Store or App Store that they do all the time. You should wait for sometime and see how the situation will change as we saw after sometime apps get their ranks back but you can not (and will not) blame us for that in any way at all due to the fact that we are not responsible for the new changes in algorithm done by Google or Apple.
9.3 Advice or Recommendations:
We may give you some advice or recommendations upon asked or if required or if felt but they are free of charge based on the market trends and best of our experience / knowledge but it should not be treated as a part of service as such and it is your responsibility to discuss it with your internal team of experts or advisors and make your own final decision, therefore, we will not be responsible for the consequences of the same.
9.4 Warning for Keyword Installs:
While creating a campaign for keyword installs you are just purchasing keyword installs on our platform i.e paying for keyword installs only, please keep in mind that you are not paying for ranking improvement or any specific results. We are only responsible to deliver the amount of keyword installs purchased but not responsible for anything related to the keyword ranking or consequences of that. It is advisable not to buy keyword installs too aggressively as it may look like an attempt to manipulate the placement of your app which is against google play developer policy and Google may penalize your app for which we are not responsible at all. We have not faced any problem as such from keyword installs so far and hence on that basis, you can conclude that your app will not be penalized from keyword installs as such but we do not guarantee the same due to the fact that there is no clarity if keywords install are 100% safe.
9.5 Warning for Ratings, Reviews:
As per Google Play developer guidelines, buying incentivized ratings or reviews will be a policy violation and Google may penalize your app. Keep in mind that you are buying ratings, reviews completely at your own risk, so by purchasing ratings and reviews, you agree to take this risk. There is no guarantee for ratings, reviews in any way at all and hence we will not refund your money if ratings, reviews delivered by ASO eShop are blocked or removed by Google in any way at all.
10. REGISTRATION AND SECURITY
As a condition to using some aspects of the Services, you may be required to register with Elance Market and select a password and user name (“User ID”). You shall provide Elance Market with accurate, complete, and updated registration information, including your email address. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You may not (i) select or use as a User ID a name of another person with the intent to impersonate that person; or (ii) use as a User ID a name subject to any rights of a person other than you without appropriate authorization. Elance Market reserves the right to refuse registration of or cancel a User ID in its discretion. You shall be responsible for maintaining the confidentiality of your password.
You will indemnify and hold Elance Market, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, your violation of this Agreement, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.
12. LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Elance Market OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE WEBSITE OR THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF FEES PAID BY YOU THEREFOR OR $100; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND Elance Market’S REASONABLE CONTROL.
13. THIRD PARTY WEBSITES
The Services may contain links to third party websites that are not owned or controlled by Elance Market, or the Services may be accessible by logging in through a third party website or service; for example, you may access the Services through Facebook by using its “Facebook Connect” functionality. When you access third party websites, you do so at your own risk. You hereby represent and warrant that you have read and agreed to be bound by all applicable policies of any third party websites or services relating to your use of the Services and that you will act in accordance with those policies, in addition to your obligations under this Agreement. Elance Market has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites. In addition, Elance Market will not and cannot monitor, verify, censor or edit the content of any third party site. By using the Services, you expressly relieve and hold harmless Elance Market from any and all liability arising from your use of any third party website. Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Elance Market shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Elance Market is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Elance Market, its officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our service.
This Agreement shall remain in full force and effect while you use the Services. You may terminate your use of the Services or your membership at any time by following the instructions on the Website. Elance Market may terminate your access to the Services or your membership at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your membership. Elance Market may also terminate or suspend any and all Services and access to the Website immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Any fees paid hereunder are non-refundable, including any outstanding virtual currency balances. Upon termination of your account, your right to use the Services, access the Website, and any Content will immediately cease. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. Elance Market shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Elance Market’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with Elance Market’s prior written consent. Elance Market may transfer, assign or delegate this Agreement and its rights and obligations without consent. This Agreement shall be governed by and construed in accordance with the laws of the State of Lower Saxony, Germany without regard to the conflict of laws provisions thereof.
For all other users residing outside the European Union, any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Hannover, Germany in accordance with the Arbitration Rules and Procedures of DIS-Schiedsgerichtsordnung then in effect. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the German Federal Courts located in the Germany, and you hereby waive any right you may have, either now or in the future, to institute a claim in any other jurisdiction or venue. Except as required by applicable law, both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Elance Market in any respect whatsoever.
#BTaC - Buyer Terms & Conditions
If work is left incomplete once order is taken, then buyer may request cancellation or it can be taken forward with some over delivery.
2. BUYER DISCLAIMER
A.1 Direct Deals is Strictly Prohibited:
Buyer should NOT by-pass the marketplace eco-system such as doing any kind of direct deals (paying directly to the order manager and enjoying services from him directly) with the Vendor (Order Manager) in any way at well. The company will NOT be responsible or liable for such deals in any way at all and we reserve the right to take punitive action against you such as banning you from engaging with our eco-system.
A.2 Communication on Skype:
Buyer should NOT do any direct/private communication with vendor (Order Manager) on skype but remain confined to the group chat initiated by company's nodal/main/master Skype account for safety, monitorig and quality control purpose. The company will NOT be responsible or liable for any direct communication buyer may be doing with the vendor and we reserve the right to take punitive action against you such as banning you from engaging with our eco-system.
A.3 Communication on Email:
Buyer should NOT do any direct/private communication with vendor (Order Manager) on email but remain confined to the email thread (keep the CCs intact) initiated by company's nodal/main/master email account or helpdesk portal for safety, monitorig and quality control purpose. The company will NOT be responsible or liable for any direct communication buyer may be doing with the vendor and we reserve the right to take punitive action against you such as banning you from engaging with our eco-system.
#VTaC - Vendors Terms & Conditions
If work is left incomplete once order is taken, then vendor may have to accept cancellation or it can be taken forward with some over delivery.
2. VENDOR (Order Manager) DISCLAIMER
B.1 Direct Deals is Strictly Prohibited:
Vendor (Order Manager) should NOT by-pass the marketplace eco-system such as doing any kind of direct deals (asking or taking payment directly from the buyer and delivering the services directly) with the Buyer in any way at well. The company will NOT be responsible or liable for such deals in any way at all and we reserve the right to take punitive action against you such as blocking your payouts or banning you from engaging with our eco-system.
B.2 Communication on Skype:
Vendor (Order Manager) should NOT do any direct/private communication with buyers on skype but do only group chat keeping company's nodal/main/master Skype account into the conversation for safety, monitorig and quality control purpose. The company will NOT be responsible or liable for any direct communication vendor may be doing with the buyer and we reserve the right to take punitive action against you such as blocking your payouts or banning you from engaging with our eco-system.
B.3 Communication on Email:
Vendor (Order Manager) should NOT do any direct/private communication with buyers on email but always keep company's nodal/main/master email ([email protected] or as per instructions) as CC into the conversation for safety, monitorig and quality control purpose. The company will NOT be responsible or liable for any direct communication vendor may be doing with the buyer and we reserve the right to take punitive action against you such as blocking your payouts or banning you from engaging with our eco-system.
First three pay-out will be flexible; means vendor can ask for pay-out at any time, After that pay-out will be released when 100$ or min 30days is reached (whichever is earlier)
a) If work is left in between without completion, then current order amount will not be paid and there will be penalty of 20% on overall cumulative order amount till that date.
b) If work is not completed on time as per agreed timeline, then there will be penalty of 10% on overall cumulative order amount till that date.
c) If vendor is found to break any of following business Ethics, then vendorship can be cancelled or as decided by Management.
- There will not be direct communication with client, The Smartware team will be in loop.
- Always represent team by writing “WE” while conversation with client.
- There must be a proper communication with client reflecting good moral values.
- Vendor must provide their services in compliance with their own applicable professional standard, including requirements established by any organization that regulate their activities.
- Use Information technology and systems (such as email, password or any social media platform) by The Smartware only for authorized business-related communication.
- Speak to press on The smartware’s behalf only if the vendor is expressly authorised in writing to do so by one of the company communication professionals.
#EULA - End User License Agreement
This is the End User License Agreement of Elance Market, (hereto after referred to as "Elance Market") which applies to all Elance Market websites and services.
This End User License Agreement of Elance Market is intended for all users of the Elance Market websites and services ("user").
2. Advertisers / Front End
At Elance Market, which is actually a front end for advertisers who can place their order for creating campaigns and those campaigns will actually run at our Ad Network which is a separate product of Elance Market.
Elance Market is mainly for acquiring the advertisers and providing them a self-serve platform for placing their orders for creating the campaign in order to promote their apps.
3. Ad Network / Offerwalls
This is the End User License Agreement which applies maily to our Ad Network i.e offerwalls through which we deliver app installs.
Our Ad Network is a separate product of Elance Market where actually advertisers campaign runs and we have a large userbase who install their app as a part of completing the offers from offerwall
4. Install / Uninstall the App
At our Ad Network, Any user can install the app in order to get the incentive for performing the actions and completing the offer. Once the user has installed the app, they are free to uninstall the app any time irrespective of whether they complete the offer or NOT.
5. Safety / Security of the User
At Elance Market, we only accept those apps from advertisers which are already published in the app market such as google play store or apple app store and hence users who install the app are as safe/secure as the apps are in goole play store or apple app store.