Terms Conditions - iconicGIGS

iconicGIGS's Terms of Service

Updated: 01/04/2024

Welcome to iconicGIGS.

The following terms of service (these "Terms of Service"), govern your access to and use of the iconicGIGS website and mobile application, including any content, functionality, and services offered on or through www.iconicgigs.com or the iconicGIGS mobile application (the "Site") by iconicGIGS International Ltd. as applicable. iconicGIGS International Ltd. and its subsidiaries are collectively referred hereto as "iconicGIGS" "we" or "us" and “you” or “user” means you as a user of the Site.

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, on behalf of yourself or on behalf of your employer or any other entity (if applicable), to be bound and abide by these Terms of Service and iconicGIGS Payment Terms (“Payment Terms”), which is incorporated herein by reference. You further acknowledge that you have read and understood our Privacy Policy, found here. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Site. For more detailed policies surrounding the activity and usage on the Site, please access the designated articles herein.

This Site is offered and available to users who are at least 18 years of age and of legal age to form a binding contract. If you are under 18 and at least 13 years of age, you are only permitted to use the Site through an account owned by a parent or legal guardian with their appropriate permission. If you are under 13 you are not permitted to use the Site or the iconicGIGS services. By using the Site, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site

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

The original language of these Terms of Service, as well as all other texts throughout the Site, is English. iconicGIGS makes this translation available for convenience only. In case of conflicts between the original English version and any translation, the English version shall prevail.

Key Terms

Buyers are users who purchase services on iconicGIGS.

Custom Offers are exclusive proposals that a Seller can create in response to specific requirements of a Buyer.

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

Gig® Extras are additional services offered on top of the Seller’s Gig for an additional price defined by the Seller.

Gig® Packages allow Sellers to offer services in different formats and prices. Packages can include upgrades, which lets Sellers price their service for a basic price of over $5.

Gig® Page is where the Seller can describe their Gig and the Gig’s terms, and the Buyer can purchase the Gig and create an order.

Gig® / Gigs® / Services are services offered on iconicGIGS.

Logo Design is an original design for a logo uploaded by a Seller through the iconicGIGS Logo Maker.

Logo Maker is the automated logo design tool offered by iconicGIGS to users as further explained in these Terms of Service.

Order Page is where Buyers and Sellers communicate with each other in connection with an ordered Gig.

Orders are the formal agreements between a Buyer and Seller after a purchase is made from the Seller’s Gig Page.

Sellers or Freelancers are users who offer and perform services through Gigs/Services or the Logo Maker on iconicGIGS.

Overview (Main terms, in a nutshell)

Only registered users may buy and sell on iconicGIGS. Registration is free. In registering for an account, you agree to provide us with accurate, complete, and updated information and must not create an account for fraudulent or misleading purposes. You are solely responsible for any activity on your account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your account.
Gigs on iconicGIGS may be offered at a base starting price of $5. Some Gigs are offered at a base price of more than $5 as determined by the Seller.
Buyers pay iconicGIGS in advance to create an order (see Payment Terms).
Orders are purchased through the Order button found on a Seller’s Gig page or through a Custom Offer.
For fees and payments please read the Payment Terms
Sellers must fulfill their orders, and may not cancel orders regularly or without cause. Cancelling orders will affect Sellers’ reputation and status.
Sellers gain account statuses (Levels) based on their performance and reputation. Advanced levels provide their owners with benefits, including offering services for higher prices through Gig Extras, or selling their Gig in multiples.
Users may not offer or accept payments using any method other than placing an order through iconicGIGS .com.
When purchasing a Gig, Buyers are granted all rights for the delivered work, unless otherwise specified by the Seller on their Gig page. Note: Some gigs charge additional payments (through Gig Extras) for a Commercial Use License. See our “Ownership” and “Commercial Use License” sections below for more information.
iconicGIGS retains the right to use all published delivered works and Logo Designs for iconicGIGS marketing and promotion purposes.
We care about your privacy. You can read our Privacy Policy here.
Users undertake to comply with iconicGIGS's Community Standards, which are a set of behavior rules and guidelines, applicable to the iconicGIGS community and marketplace in addition to these Terms of Service, as updated from time to time.
iconicGIGS offers its users the Logo Maker, which allows certain Sellers to offer various original logo designs for Buyers to adjust and customize per their own specific needs, using special automated design tools. Through the Logo Maker, Buyers purchase full commercial use rights to the Logo Design embedded with their brand name.

SELLER

Basics

Sellers create Gigs on iconicGIGS to allow Buyers to purchase their services.
Sellers may also offer Custom Offers to Buyers in addition to their Gigs.
Each Gig you sell and successfully complete accredits your account with a revenue equal to 80% of the purchase amount.
iconicGIGS accredits Sellers once an order is completed.
For more information about receiving payments, fees, and taxes see the Payment Terms.
Sellers may not promote their Gigs or any iconicGIGS content via the Google Ads platform.
The Seller's rating is calculated based on the order reviews posted by Buyers or Pro Account Team Members (for iconicGIGS Pro). High ratings allow Sellers to obtain advanced Seller levels (see Levels below). In certain cases, exceedingly low ratings may lead to the suspension of the Seller’s account.
For security concerns, iconicGIGS may temporarily disable a Seller’s ability to withdraw revenue to prevent fraudulent or illicit activity. This may come as a result of security issues, improper behavior reported by other users, or associating multiple iconicGIGS accounts to a single withdrawal provider.
Sellers are responsible for obtaining a general liability insurance policy with coverage amounts that are sufficient to cover all risks associated with the performance of their services.

Gigs®

Sellers are allowed to post a select amount of active Gigs based on their Level status.

o 7 Gigs for Sellers without a Level status.

o 10 Gigs for Level 1 Sellers.

o 20 Gigs for Level 2 Sellers.

o 30 Gigs for Top Rated Sellers.

Gigs created on iconicGIGS are User Generated Content.
Gigs and/or users may be removed by iconicGIGS from the Site for violations of these Terms of Service and/or our Community Standards, which may include (but are not limited to) the following violations and/or materials:

o Illegal or Fraudulent services

o Copyright Infringement, Trademark Infringement, and violation of a third party's terms of service reported through our Intellectual Property Claims Policy found here

o Adult-oriented services, Pornographic, Inappropriate/Obscene

o Intentional copies of Gigs

o Spam, nonsense, or violent or deceptive Gigs

o Gigs misleading to Buyers or others

o Reselling of regulated goods

o Offering to prepare academic works on behalf of Buyers

o Low-quality services or deliveries

o Promoting iconicGIGS and/or iconicGIGS Gigs through activities that are prohibited by any laws, regulations, and/or third parties' terms of service, as well as through any marketing activity that negatively affects our relationships with our users or partners.

Gigs that are removed for violations mentioned above, may result in the suspension of the Seller’s account.
Gigs that are removed for violations are not eligible to be restored or edited.
Gigs may be removed from our listings due to poor performance and/or user misconduct.
Gigs may include pre-approved website URLs contained within the Gig description and requirements box. Gigs containing websites promoting content, that violates iconicGIGS’s Terms of Service and/or our Community Standards, will be removed.
Gigs are required to have an appropriate Gig image related to the service offered. An option to upload two additional Gig images is available to all Sellers. Sellers must deliver the same quality of service as shown on their Gig images. Recurring deliveries that don’t match the quality shown on the Gig images may lead to the Seller’s account losing Seller status or becoming permanently disabled.
Gigs may contain an approved Gig Video uploaded through the Gig management tools available on iconicGIGS.
Statements on the Gig Page that undermine or circumvent these Terms of Service are prohibited.
Eligible Gigs in select Categories may set up Gig Packages to offer their services in structured formats with multiple price points for the selected Gig.
Certain categories are available only to Pro Freelancers to create Gigs. If you are not a Pro Freelancer, creating a Gig for services available to Pro only may result in the removal of your Gig.

Gig® Extras

Gig Extras are additional services offered on top of the Seller’s Gig for an additional price defined by the Seller.
Gig Extras may be removed for violations of our Terms of Service and/or our Community Standards. For specific terms, please see the Gigs section above for a list of services that violate our Terms of Service. Gigs are subject to be removed due to violations found in Gig Extras.
The amount of Gig Extras, that can be offered, and the price for each Gig Extra, is based on your Seller Level. More information surrounding your account's eligibility for Gig Extras can be found here.
Services offered through Gig Extras must be related to the base service and part of the deliverables on the Order.
Gig Extras may cover different categories of services that are components of a higher quality delivered service.
Sellers have the option to extend the duration of an Order for each Gig Extra that is added to the Order. This is to cover the time needed to complete the extra service.

LEVELS

iconicGIGS is all about helping Sellers leverage their skills. We seek to empower top-performing Sellers with helpful tools to grow their business. Sellers who invest in self-promotion may achieve greater customer satisfaction. And, if they deliver on time and maintain high quality and ratings, iconicGIGS may reward them with new statuses, special opportunities, benefits, and tools that come with it.

iconicGIGS Sellers can gain account Levels based on their activity, performance, and reputation. The advancement criteria can be found here.
Advancements in Levels are updated periodically by an automated system.
The current Levels a Seller can achieve are Level 1, 2, and Top Rated.
Sellers who cannot maintain their high-quality service, experience a severe drop in ratings, or stop delivering on time risk losing their Seller status and the benefits that come with it. For example, late deliveries, warnings to the Seller’s account, and cancellations can cause a Seller to move to a different Level.
Advanced levels provide their owners with additional benefits, including offering Gigs for higher prices through Gig Extras, or selling their Gig in multiples.

Top Rated Sellers

Top Rated Sellers are chosen manually by iconicGIGS editors through an ongoing review process based on seniority, volume of sales, extremely high ratings, exceptional customer care, high order completion rate, and community leadership. Some category's eligibility criteria may require sellers to complete mandatory tests or other verification steps. Rated Sellers gain access to more extensive features than previous levels, including exclusive access to beta features and VIP support.
Top Rated eligibility is constantly evaluated by iconicGIGS to ensure that the quality standards and expectations of the Top Rated selection are kept. iconicGIGS retains the right to change a Top Rated Seller status in light of such evaluation. In addition, Top Rated Sellers who cannot maintain their high-quality service through a severe drop in ratings, stop delivering on time, increased cancellation rate or violate our Terms of Service and/or our Community Standards, also risk losing their Top Rated status and the benefits that come with it.

Pro Freelancers

Pro Freelancers are pre-vetted and hand-selected professionals vetted by iconicGIGS. Applying for iconicGIGS Pro is open to everyone: new and existing Freelancers.
Pro Freelancers eligibility is constantly evaluated by iconicGIGS to ensure that the quality standards and expectations of the Pro Freelancer selection are kept. iconicGIGS retains the right to change a Pro Freelancer status in light of such evaluation. In addition, Pro Freelancers who cannot maintain their high-quality service through a severe drop in ratings, stop delivering on time, increase cancellation rate, or violate our Terms of Service, also risk losing their Pro status and the benefits that come with it.

Seller Features

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

Custom Offer

 Sellers can also send Custom Offers addressing the specific requirements of a Buyer.

 Custom Offers are defined by the Seller with the exact description of the service, the price, and the time expected to deliver the service.

 Custom Offers are sent from the conversation page.

 Services provided through Custom Offers may not violate iconicGIGS’s Terms of Service and/or our Community Standards.

Project Milestones

 Once a milestone is delivered and marked as completed, Buyers may choose to either continue with the Order and pay for the next milestone or to stop the Order. If the Buyer does not pay for the next milestone within 10 days of acceptance of previous milestones, the Order under the next milestone will not start. A milestone will be automatically marked as complete if no acceptance or request for modification is submitted within 8 days after being marked as Delivered, however, in such case all further milestones will not start.

Gig Subscription

 Sellers may offer Buyers a fixed term subscription for a specific Gig (the “Gig Subscription”). During the Gig Subscription term, the Seller will deliver one Order of the same Gig on a recurring basis, as agreed between the Seller and Buyer.

 Buyers may cancel future Orders under the Gig Subscription before payment is made for such future Orders. In such case, the Orders under the Gig Subscription will be canceled, as applicable. Once payment is made, iconicGIGS ’s Order Cancelation policy under the Payments Terms will apply.

 Sellers may cancel the Gig Subscription up to 10 days before the next consecutive Order. Otherwise, iconicGIGS ’s Order Cancelation policy under the Payments Terms will apply.

Shipping Physical Deliverables

Some of the services on iconicGIGS are delivered physically (arts and crafts, collectible items, etc.). For these types of Gigs, Sellers may decide to define a shipping pricing factor.

 Gigs that include a shipping pricing factor must have physical deliverables sent to Buyers.

 Shipping costs added to a Gig only pertain to the cost Sellers require to ship physical items to Buyers.

 Important: Buyers who purchase Gigs that require physical delivery, will be asked to provide a shipping address.

 Sellers are responsible for all shipping arrangements once the Buyer provides the shipping address.

 iconicGIGS does not handle or guarantee shipping, tracking, quality, and condition of items or their delivery and shall not be responsible or liable for any damages or other problems resulting from shipping.

 A tracking number is a great way to avoid disputes related to shipping. We require entering the tracking number if available in the Order Page when delivering your work.

BUYERS

Basics

 You may not offer direct payments to Sellers using payment systems outside of the iconicGIGS platform.

 iconicGIGS retains the right to use all publicly published delivered works for iconicGIGS marketing and promotional purposes.

 Buyers may request a specific service from the Post a Request feature. Services requested on iconicGIGS must be allowed service on iconicGIGS. Please click here for guidelines on approved services. Users should refrain from using the Post a Request feature for any purpose other than looking for services on iconicGIGS.

Purchasing

 Please refer to the Payment Terms for making Payments through the iconicGIGS platform and to learn about fees and taxes.

 In addition, Buyers can request a Custom Order which addresses specific Buyer requirements, and receive a Custom Offer from Sellers through the site.

 You may not offer Sellers to pay, or make payment using any method other than through the iconicGIGS.com site. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support here.

ORDERS

Basics

 Once payment is confirmed, your order will be created and given a unique iconicGIGS order number (#FO).

 Sellers must deliver completed files and/or proof of work using the Deliver Work button (located on the Order page) according to the service that was purchased and advertised on their Gig.

 The Deliver Work button may not be abused by Sellers to circumvent Order guidelines described in these Terms of Service. Using the “Deliver Work” button when an Order was not fulfilled may result in a cancellation of that Order after review, affect the Seller’s rating, and result in a warning to the Seller.

 An Order is marked as Complete after it is marked as Delivered and then accepted by a Buyer. An Order will be automatically marked as Complete if not accepted and no request for modification was submitted within 3 days after the Order was marked as Delivered. The Buyer may extend such period by up to 5 additional days.

 We encourage our Buyers and Sellers to try and settle conflicts amongst themselves. If for any reason this fails after using the Resolution Center or if you encounter non-permitted usage on the Site, users can contact iconicGIGS's Customer Support department for assistance here. For more information about disputes, Order cancellations, and refunds please refer to the Payment Terms.

 Orders through the Logo Maker are completed once payment is made by the Buyer.

 A milestone (on an Order with milestones) is marked as Complete after it is delivered by the Seller and then accepted by the Buyer. A milestone will be automatically marked as complete if no acceptance or request for modification is submitted within 8 days after being marked as Delivered, however, in such case the Order will be stopped and all further milestones will not start. Once a milestone is delivered and accepted, Buyers may choose to either continue with the Order and pay for the next milestone or to stop the Order. If the Buyer does not pay for the next milestone within 10 days of acceptance of previous milestones, the Order under the next milestone will not start. Please note that if you choose to stop the future milestones, the current ordered milestone will not be canceled.

 Buyers may purchase a Gig Subscription, if available on the Seller’s Gig page. During the Gig Subscription term, a new Order of the same Gig will be automatically created on a recurring basis, as agreed between the Seller and Buyer. By purchasing a Gig Subscription, you authorize us to automatically charge you for each Order under the Gig Subscription from your iconicGIGS Balance or saved payment method, as applicable. If you do not have any iconicGIGS Balance or a saved payment method, you will be requested to approve the payment prior to the next Order. In case a payment is not processed or made by the Buyer, for any other reason, the Orders under the Gig Subscription will be canceled. Buyer may also cancel future Orders under the Gig Subscription before payment is made for such future Orders. Once payment is made, iconicGIGS’s Order Cancelation policy under the Payments Terms will apply. Please note that Sellers can cancel future Orders under the Gig Subscription 10 days prior to the next consecutive Order.

 Certain Gigs that offer local services might require Buyers and Sellers to meet in person in order for the Seller to perform the service. In such cases, users should note that iconicGIGS does not guarantee the behavior, conduct, safety, suitability or ability of either Buyers or Sellers. Both Buyers and Sellers agree that the entire risk arising out of their meeting and/or their use or performance of local services remains solely with them, and iconicGIGS has no responsibility or liability related to any local services provided by the Sellers. If the service is performed on the Buyers’ premises, Buyers are encouraged to maintain proper insurance policies to cover their liability as the Premise Owner. iconicGIGS’s Terms of Service and Community Standards remain applicable to Orders that are performed outside of the marketplace (including, among others, the below restrictions on Unlawful Use, Inappropriate Behavior & Language, and Targeted Abuse).

Handling Orders

 When a Buyer orders a Gig, the Seller is notified by email as well as notifications on the site while logged into the account.

 Sellers are required to meet the delivery time they specified when creating their Gigs. Failing to do so will allow the Buyer to cancel the Order when an Order is marked as late and may harm the Seller's status.

 Sellers must send completed files and/or proof of work using the Deliver Completed Work button (located on the Order page) to mark the Order as Delivered.

 Users are responsible for scanning all transferred files for viruses and malware. iconicGIGS will not be held responsible for any damages that might occur due to site usage, use of content, or files transferred.

 Buyers may use the "Request Revisions" feature located on the Order Page while an Order is marked as Delivered if the delivered materials do not match the Seller's description on their Gig page or they do not match the requirements sent to the Seller at the beginning of the order process.

Reviews

 Reviews provided by Buyers are an essential part of iconicGIGS's rating system.

 Reviews will not be removed unless there are clear violations of our Terms of Service and/or our Community Standards.

 To prevent any misuse of our review system, all reviews must come from legitimate and eligible orders, as further detailed here. Purchases arranged, determined to artificially enhance Seller ratings, or to abuse the iconicGIGS platform, will result in a permanent suspension of all related accounts.

 Withholding the delivery of services, files, or information required to complete the Gig’s service with the intent to gain favorable reviews or additional services is prohibited. Sellers may not solicit the removal of feedback reviews from their Buyers through mutual cancellations.

 Once both Seller and Buyer have completed their reviews, or the applicable review period has passed, all posted reviews are made public.

 Work Samples are added to a Seller's Live Portfolio on their Gig page if the Buyer chooses to publish the Work Sample while providing a public feedback review. Work Samples are the delivered images and videos sent to a Buyer in a delivery message.

 Reviews are unavailable for orders made through the Logo Maker.

Disputes and Cancellations

We encourage our Buyers and Sellers to try and settle conflicts amongst themselves. If for any reason this fails after using the Resolution Center or if you encounter non-permitted usage on the Site, users can contact iconicGIGS's Customer Support department for assistance here. For more information about disputes, Order cancellations, and refunds please refer to the Payment Terms.

User Conduct and Protection

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

iconicGIGS maintains a friendly, community-spirited, and professional environment. Users should keep to that spirit while participating in any activity or extension of iconicGIGS. This section relates to the expected conduct users should adhere to while interacting with each other on iconicGIGS.

To report a violation of our Terms of Service and/or our Community Standards, User Misconduct, or inquiries regarding your account, please contact our Customer Support team here.

Basics

 Requesting or providing Email addresses, Skype/IM usernames, telephone numbers, or any other personal contact details to communicate outside of iconicGIGS to circumvent or abuse the iconicGIGS messaging system or iconicGIGS platform is not permitted.

 Any necessary exchange of personal information required to continue a service may be exchanged within the Order Page.

 iconicGIGS does not provide any guarantee of the level of service offered to Buyers. You may use the dispute resolution tools provided to you in the Order Page.

 iconicGIGS does not provide protection for users who interact outside of the iconicGIGS platform.

 All information and file exchanges must be performed exclusively on the iconicGIGS platform.

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

 iconicGIGS is open to everyone. You undertake not to discriminate against any other user based on gender, race, age, religious affiliation, sexual orientation, or otherwise and you acknowledge that such discrimination may result in the suspension/removal of your account.

 Users may not submit proposals or solicit parties introduced through iconicGIGS to contract, engage with, or pay outside of iconicGIGS.

Orders

 Users with the intention to defame competing Sellers by ordering from competing services will have their reviews removed or further account status-related actions determined by review by our Trust & Safety team.

 Users are to refrain from spamming or soliciting previous Buyers or Sellers to pursue removing/modifying reviews or cancelling orders that do not align with Order Cancellation or Feedback policies.

Gigs

 Users may report Gigs to Customer Support that may be in violation of iconicGIGS’s Terms of Service based on the reported Gig’s replicated similarity to pre-existing services (copycat Gigs).

 Sellers warrant that any content included in their Gigs shall be original work conceived by the Sellers and shall not infringe any third party rights, including, without limitation, copyrights, trademarks, or service marks. In the event that certain music or stock-footage media are incorporated within the Gigs, Sellers represent and warrant that they hold a valid license to use such music and/or footage and to include them in the Gigs.

 iconicGIGS will respond to clear and complete notices of alleged copyright or trademark infringement. Our Intellectual Property claims procedures can be reviewed here.

Reporting Violations

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

Violations

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

Non-Permitted Usage

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

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

Phishing and Spam - Members’ security is a top priority. Any attempts to publish or send malicious content with the intent to compromise another member’s account or computer environment are strictly prohibited. Please respect our member's privacy by not contacting them with offers, questions, suggestions, or anything which is not directly related to their Gigs or orders.

Privacy & Identity - You may not publish or post other people's private and confidential information. Any exchange of personal information required for the completion of a service must be provided on 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 iconicGIGS will not be protected by our Terms of Service.

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

Intellectual Property Claims - iconicGIGS 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 iconicGIGS 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 iconicGIGS account and one active iconicGIGS Pro account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the iconicGIGS community will be disabled. Mass account creation may result in the disabling of all related accounts. Note: any violations of iconicGIGS ’s Terms of Service and/or our Community Standards are a 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 iconicGIGS. This includes creating new multiple accounts to harass members through our message or ordering system.

Selling Accounts - You may not buy or sell iconicGIGS accounts.

Proprietary Restrictions

The Site, including its general layout, look and feel, design, information, content, and other materials available thereon, is exclusively owned by iconicGIGS and protected by copyright, trademark, and other intellectual property laws. iconicGIGS ®, Gig® and Gigs® are all registered trademarks owned exclusively by iconicGIGS. Users have no right, and specifically agree not to do the following with respect to the Site or any part, component or extension of the Site (including its mobile applications): (i) copy, transfer, adapt, modify, distribute, transmit, display, create derivative works, publish or reproduce it, in any manner; (ii) reverse assemble, decompile, reverse engineer or otherwise attempt to derive its source code, underlying ideas, algorithms, structure or organization; (iii) remove any copyright notice, identification or any other proprietary notices; (iv) use automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Site; (v) attempt to gain unauthorized access to, interfere with, damage or disrupt the Site or the computer systems or networks connected to the Site; (vi) circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Site; (vii) use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, “mines,” scrapes or otherwise accesses the Site to monitor, extract, copy or collect information or data from or through the Site, or engage in any manual process to do the same, (viii) introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful into our systems, (ix) use the Site in any manner that could damage, disable, overburden or impair the Site, or interfere with any other users’ enjoyment of the Site or (x) access or use the Site in any way not expressly permitted by these Terms of Service. Users also agree not to permit or authorize anyone else to do any of the foregoing.

Except for the limited right to use the Site according to these Terms of Service, iconicGIGS owns all rights, title, and interest in and to the Site (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We reserve all rights in connection with the Site and its content (other than UGC) including, without limitation, the exclusive right to create derivative works.

Feedback Rights

To the extent that you provide iconicGIGS with any comments, suggestions, or other feedback regarding the iconicGIGS platform or the Site as a whole, as well as other iconicGIGS products or services (collective, the “Feedback”), you will be deemed to have granted iconicGIGS an exclusive, royalty-free, fully paid up, perpetual, irrevocable, worldwide ownership rights in the Feedback. iconicGIGS is under no obligation to implement any Feedback it may receive from users.

Confidentiality

Sellers should recognize that there might be a need for Buyers to disclose certain confidential information to be used by Sellers for the purpose of delivering the ordered work, and to protect such confidential information from unauthorized use and disclosure. Therefore, Sellers agree to treat any information received from Buyers as highly sensitive, top secret, and classified material. Without derogating from the generality of the above, Sellers specifically agree to (i) maintain all such information in strict confidence; (ii) not disclose the information to any third parties; (iii) not use the information for any purpose except for delivering the ordered work; and (vi) not to copy or reproduce any of the information without the Buyer’s permission.

General Terms

 iconicGIGS reserves the right to put any account on hold or permanently disable accounts due to breach of these Terms of Service and/or our Community Standards, including low-quality services or deliveries, or due to any illegal or inappropriate use of the Site or services.

 Violation of iconicGIGS's Terms of Service and/or our Community Standards may get your account disabled permanently.

 Users with disabled accounts will not be able to sell or buy on iconicGIGS.

 Users who have violated our Terms of Service and/or our Community Standards and had their account disabled may contact our Customer Support team for more information surrounding the violation and status of the account.

 Users have the option to enable account Security features to protect their account from any unauthorized usage.

 Users must be able to verify their account ownership through Customer Support by providing materials that prove ownership of that account.

 Disputes should be handled using iconicGIGS's dispute resolution tools ('Resolution Center' on the order page) or by contacting iconicGIGS Customer Support.

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

 You understand and agree that if you use iconicGIGS after the date on which the Terms of Service have changed, iconicGIGS 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 iconicGIGS by our users (Buyers and Sellers) is User Generated Content. iconicGIGS does not check user-uploaded/created content for appropriateness, violations of copyright, trademarks, or other rights or violations and the user uploading/creating such content shall be solely responsible for it and the consequences of using, disclosing, storing, or transmitting it. By uploading to, or creating content on, the iconicGIGS platform, you represent and warrant that you own or have obtained all rights, licenses, consents, permissions, power, and/or authority, necessary to use and/or upload such content and that such content or the use thereof in the Site does not and shall not (a) infringe or violate any intellectual property, proprietary or privacy, data protection or publicity rights of any third party; (b) violate any applicable local, state, federal and international laws, regulations and conventions; and/or (c) violate any of your or third party’s policies and/or terms of service. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled.

Furthermore, iconicGIGS is not responsible for the content, quality, or level of service provided by the Sellers (even if they are Pro Freelancers, Top Rated Sellers, offer Promoted Gigs, or otherwise). We provide no warranty with respect to the Gigs, their delivery, any communications between Buyers and Sellers, and the Logo Designs created through the Logo Maker. We encourage users to take advantage of our rating system, our community, and common sense in choosing appropriate services.

By offering a service, the Seller undertakes that they have sufficient permissions, rights, and/or licenses to provide, sell, or resell the service that is offered on iconicGIGS. Sellers advertising online their Gig or Logo Design created through the Logo Maker must comply with laws and terms of service of the advertising platform or relevant website used to advertise. Failing to do so may result in the removal of the Gig or Logo Design from the Logo Maker, as applicable, and may lead to the suspension of the Seller's account.

For specific terms related to Intellectual Property rights and for reporting claims of copyright infringement (DMCA notices) or trademark infringement - please see our Intellectual Property Claims Policy which forms an integral part of these Terms of Service. Note that it is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Ownership

Ownership and limitations: When purchasing a Gig on iconicGIGS, unless clearly stated otherwise on the Seller's Gig page/description, when the work is delivered, and subject to payment, the Buyer is granted all intellectual property rights including but not limited to, copyright in the work delivered from the Seller, and the Seller waives any and all moral rights therein. Accordingly, the Seller expressly assigns to the Buyer the copyright in the delivered work. All transfer and assignment of intellectual property to the Buyer shall be subject to full payment for the Gig, and the delivery may not be used if payment is canceled for any reason. For removal of doubt, in custom-created work (such as artwork, design work, report generation, etc.), the delivered work and its copyright shall be the exclusive property of the Buyer and, upon delivery, the Seller agrees that it thereby, pursuant to these Terms of Service, assigns all right, title and interest in and to the delivered work to the Buyer. Some Gigs (including for custom-created work) charge additional payments (through Gig Extras) for a Commercial Use License. This means that if you purchase the Gig for personal use, you will own all rights you require for such use, and will not need the Commercial Use License. If you intend to use it for any charge or other consideration, or for any purpose that is directly or indirectly in connection with any business, or other undertaking intended for profit, you will need to buy the Commercial Use License through a Gig Extra and will have broader rights that cover your business use.

For Voice Over Gigs, when the work is delivered, and subject to payment, the Buyer is purchasing basic rights (which means the Buyer is paying a one-time fee allowing them to use the work forever and for non-commercial purposes). If you intend to use Voice Over to promote a product and/or service (with the exception of paid marketing channels), you will need to purchase the Commercial Rights (Buy-Out) through Gig Extra. If you intend to use the Voice Over in radio, television, and internet commercials, you will need to purchase the Full Broadcast Rights (Buy-Out) through Gig Extra. For further information on the type of buy-outs, please read below.

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

Voice Over Commercial Buy-Out

When purchasing a Voice Over Gig, the Seller grants you a non-commercial, perpetual, exclusive, non-transferable, worldwide license to use the purchased Voice Over. This excludes any commercial use, including radio, television, and internet commercial spots.

By purchasing Commercial Rights (Buy-Out) with your order, in addition to the basic rights, the Seller grants you a license to use the Voice Over for any commercial, promotional, and non-broadcast purposes for such period agreed with the Seller (and unless agreed otherwise - in perpetuity). Commercial, promotional, and non-broadcast purposes mean any business-related use for the creation of, or to promote a for-profit product or service (with the exception of paid marketing channels), such as (by way of example): explainer videos posted to company websites, social networks or email campaigns, audiobooks, podcast intros, and strictly excludes any illegal, immoral or defamatory purpose.

By purchasing a Full Broadcast Rights (Buy-Out) with your order, in addition to the Commercial Rights, the Seller grants you with a license for full broadcasting for such period agreed with the Seller (and unless agreed otherwise - in perpetuity). Full Broadcasting includes internet, radio, and TV "paid channels", such as (by way of example), television commercials, radio commercials, internet radio, and music/video streaming platforms, and strictly excludes any illegal, immoral or defamatory purpose.

This Buy-Out is subject to iconicGIGS'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 iconicGIGS 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.

Gig Commercial Use License

By purchasing a “Commercial Use License” with your Gig Order, the Seller grants you a perpetual, exclusive, non-transferable, worldwide license to use the purchased delivery for Permitted Commercial Purposes. For the avoidance of doubt, the Seller retains all ownership rights. “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 iconicGIGS ’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 iconicGIGS 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 SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ICONICGIGS NOR ANY PERSON ASSOCIATED WITH ICONICGIGS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE.

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

Machine Translation

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

Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties of merchantability, fitness for a particular purpose, and noninfringement.

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

Limitation on Liability

IN NO EVENT WILL ICONICGIGS, 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 SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE 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 THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.