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Terms of Use
Updated: 01 Feb 2023
These Terms of Use ("Terms") is a legal contract between you and 32links, located Ul. Erazma Ciołka, 12, Warszawa, 01-402, Warszawa, Polska (32links or "We").
By accessing the https://32links.com/ website ("Website"), opening and account and/or using its services and its applications, software, scripts, and any related documentation (this information and Website collectively, the "Services"), you consent and agree, on behalf of yourself or on behalf of your employer or any other entity (if applicable), to be bound by these Terms and agree to comply with all of the terms and conditions of use set forth herein, so please carefully review these Terms. If you violate these Terms, we reserve the right to deny you access to the Website and Service, together with any and all other legal remedies. By accessing the Website, you acknowledge you have read and understood our privacy policy. If there are inconsistencies between our Privacy Policy and these Terms, the Privacy Policy controls.
These Terms include the terms and conditions set forth herein, and also our Privacy Policy, which is available on our Website here https://32links.com/pages/privacy-policy.
General conditions
1. What We Offer.
32links offers a platform through which freelancers ("Performers'') and customers who need creative services (''Customer") can contact each other, at no additional cost other than payment for each other's work and services and service fees, to exchange information and messages, bill and make and/or accept payments to each other for services to promote and link to each other's resources as part of the proposals posted on the site ("Engagement"). 32links provides services only to help implement this Engagement. 32links does not offer work. Customer is solely responsible for ensuring that its user-generated content, advertisements, and the Task comply with applicable law and do not infringe upon the rights of third parties. 32links does not guarantee the quality of the work provided by the submitter, the reliability or payment by the customer, or any aspect of the legality, substance or content of the user-generated content, advertisements, links or Engagements. https://32links.com/ is not a party to any transactions or other obligations between the Performer and the Customer entered into through this Website. Such transactions and agreements remain solely between the Performer, the Customer and their respective representatives, if any.
2. Eligibility to Use Our Services.
a) You may use the Services only if you are over eighteen (18) years of age and legally eligible to enter into a binding contract.
b) You must be a " Performer" or a "Customer" as defined below:
You are either a "Performer" that publishes its resources (links to resources) through 32links;
You are a "Customer" who publishes your order with a link to your own resource, directly needing to promote your project and the " Performer".
c) The Website and the Services available through the Website may NOT be used by staffing agencies, employment agencies, recruiters or headhunters ("Agents"). Such use is strictly prohibited. https://32links.com/ will not open an account for Agents or persons suspected of being Agents. https://32links.com/ expressly reserves the right to cancel the account of an Agent or suspected Agent for violation of these Terms. Such cancellation will be without the right of refund.
3. Denial of Services.
We reserve the right to refuse to provide the Services to any person for any reason at any time, including but not limited to violations of these Terms, reasonable suspicion of misuse of the Services or concerns about actual or suspected unauthorized access or security breaches.
4. Headings.
The headings used in these Terms are included for convenience only and do not limit or otherwise affect them.
5. Definitions:
"Information" means data, text, graphics, music, sound, photographs, logos, animations, source code, object code, HTML files, software, video, design, images, content, materials, messages and compilations thereof, including personal and financial information that you send or transmit to 32links through or in connection with them, including, without limitation, information that you publicly display and/or that appears in your account profile, including user content.
"Information 32links" means data, text, graphics, music, sound, photographs, logos, animations, source code, object code, HTML files, software, video, design, images, content, messages and compilation thereof that we create and make available in connection with the Website and our Services.
"Third Party Information" means data, text, graphics, music, sound, photographs, logos, animations, source code, object code, HTML files, software, video, video, design, images, content, messages, and compilations thereof that come from parties other than you or us but that are provided or published on https://32links.com/ in connection with the Services 32links.
"Intellectual Property Rights" means copyright, trademark, trade dress, patent, trade secret, unfair competition, right of privacy, right of publicity, moral rights and any other proprietary rights.
Non-Exclusive, Non-Transferable License to Use Our Website and Services
1. 32links grants you a limited, revocable, non-exclusive, non-transferable license to use our Website and Services and to view, copy and print the Information 32links on the Website and Services for your personal and limited commercial purposes, so long as they do not violate any other aspect of these Terms or the law, including our Intellectual Property Rights or the Intellectual Property Rights of another.
2. 32links reserves the right to terminate or restrict your access to the Website, Services and/or licenses provided herein for any reason and in our sole discretion.
3. 32links reserves the right at any time, temporarily or permanently, to modify or discontinue any features related to the Services, with or without notice and for any reason, including maintenance, repairs or upgrades.
4. 32links remains the sole owner of all right, title and interest in the Information 32links and Services. 32links reserves all rights.
III. User content (links) and your information
1. When you register for an account, you, as a Performer or Customer, agree to provide us with accurate, complete and up-to-date 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 responsible for any acts or omissions on your part in connection with your account.
2. Your information does not reflect the opinion of 32links.
3. All content uploaded to 32links by our users is User Content. User Generated Content ("UGC") refers to content added by users, as opposed to content created by the Website.
32links does not review user uploaded/created content for appropriateness, copyright, trademark, other rights violations or infringement, and the user who uploaded/created such content is solely responsible for it and the consequences of its use, disclosure, storage or transmission. In addition, 32links is not responsible for the content, quality or level of service provided by Performers (even if they are verified members, vouched for by other members or otherwise).
We make no guarantees about the Performers, their services and resources, or any communications between Customers and Performers. We encourage users to take advantage of our community and use common sense when choosing appropriate services, resources, tasks, and links.
4. You represent and warrant that:
a) The creation, distribution, transmission, public display and performance, access, downloading and copying of your Information does not and will not infringe any proprietary rights, including but not limited to copyright, patent, trademark, trade secret or moral rights of any third party, or any other rights of any third party, including rights of privacy or publicity, and does not violate any applicable local, state, federal or international laws, regulations or conventions;
b) You are the creator and owner of, or have the necessary licenses, rights, consents, releases and permissions to use and to permit 32links and users of the Website or Services to use your Information, resources, links as necessary to exercise the licenses granted by you under these Terms;
c) You have the written consent, authorization and/or permission of each identifiable individual in the Information to use the name or image of each such identifiable individual to include and use the Information in the manner contemplated by this Website and the Services;
d) Your Information is not obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable, defamatory or offensive, does not ridicule, mock, humiliate, harass or abuse anyone, does not incite, encourage or threaten physical harm to another person, does not violate any applicable law, regulation or rule, or violate the privacy or publicity of any third party;
e) You assume all risks and liabilities associated with your Information, including anyone's reliance on its quality, accuracy or reliability, or any disclosure by you of the Information in your content. You may expose yourself to liability if, for example, your Content contains material that is false, intentionally misleading or defamatory; violates any third party right, including copyright, trademark, patent, trade secret, moral right, right of privacy, right of publicity or any other intellectual property or proprietary right; contains material that is illegal, including illegal hate speech or pornography; exploits or otherwise, or improperly is using Third-Party Information;
5. By uploading your Information to any part of the Website, you grant, and you represent and warrant that you have the right to grant, to 32links an unlimited, unconditional, irrevocable, perpetual, non-exclusive, royalty-free, fully-paid right and license to use and distribute such Information (including, without limitation, your name, image and voice) to promote the Website and/or the Services and to grant and authorize sublicenses of the foregoing. Such license to use and distribute extends to any form, media or technology and includes our use of your name, company name and franchise name, as applicable, as well as any trademarks, service marks, trade names and logos, personal and commercial images that you submit. 32links does not claim ownership of your Information; rather, between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all your Information and any intellectual property or other proprietary rights associated with your Information. 32links has the right, sole and absolute discretion, to remove, redact, edit or otherwise modify any Information, to reclassify any Information for posting in the chatter
6. 32links does not endorse any of your, or any third party's, Information submitted to the Service by any user or other licensor, or any opinions, recommendations, or advice expressed therein.
7. You are solely responsible for your service resulting from the use of 32links, and confirm that you have sufficient permissions, rights and/or licenses to provide, promote, sell or resell your service or product.
8. Everyone is welcome to report infringements along with proof of ownership if necessary. Reported infringing content may be removed or disabled. Although we do not have or assume any obligation to monitor activity on the Website, 32links will make reasonable efforts to investigate reports of alleged infringement. If 32links in its sole discretion reasonably believes that infringement has occurred, and in accordance with applicable law, it will take appropriate action, which may include removing or disabling access to content that is allegedly infringing, and/or terminating accounts and access to the Website.
9. Specific conditions relating to intellectual property rights and how to file claims of copyright infringement (DMCA notice) or trademark infringement - intellectual property claims processing, which is an integral part of these Terms of Use. Please note that in appropriate circumstances, it is our policy to disable and/or terminate the accounts of users who are repeat infringers.
10. Personal Information. By providing us with Personal Information ("Personal Information"), you warrant and represent that: you have the legal right to provide us with such Personal Information; the Personal Information is complete, accurate and current. Please note that by using our Services, you hereby give your informed consent to the processing of your Personal Information by Sellers Review sp. z o.o., all, for the purposes and on the terms set forth in our Privacy Policy, available at: https://32links.com/pages/privacy-policy.
IV. Acceptable Use
1. You agree not to modify, reverse engineer, or tamper with the Services or falsely represent the Services to others.
2. You shall not use or attempt to use any scraper, robot, bit, Spider, data mining, code, or any other automated device, program, tool, algorithm, process, or methodology to access, acquire, copy, or monitor any portion of the Website or any of its content, without the express written consent of 32links.
3. You agree not to knowingly use the Services to upload, post or transmit malicious code, malware, viruses, self-replicating computer programs, or any other disruptive code or technologies.
4. You agree only to use the Services for which you are authorized to access.
5. You agree to use the Services for only lawful purposes and not for unlawful or fraudulent purposes.
6. You agree that you are not a recruiter, staffing agency, placement agency, or headhunter.
7. You agree to not infringe upon our Intellectual Property Rights or the Intellectual Property Rights of 32links or others.
8. You agree not to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against any protected class or persons.
9. You agree to not submit false or inaccurate or incomplete or misleading information.
10. You agree to not transmit or upload viruses or any types of malicious code that will or may be used in any way that will affect the functionality or operation of the Website or Services.
11. You agree not to interfere with or circumvent the security features of the Website or related websites and/or Services.
12. You agree not to use the Services for any damaging, obscene, or immoral purpose.
13. You agree not to use the Services to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances.
14. You agree not to use the Services, 32links Information and/or Third-Party Information in any way that may be deemed a breach or violation of any of these Terms or the Privacy Policy.
V. Confidentiality and Security
1. You agree to keep all confidential and protected information confidential and not to disclose or use except as necessary to perform its obligations under these Terms except as set forth herein.
2. You will be responsible for the security of your account log in information and the accuracy and adequacy of information you provide to the Services.
3. You will notify us if you believe any of your Information has been compromised or may lead to a compromise of your account Information or the Services.
4. 32links will implement policies and procedures to help prevent unauthorized access of any protected or confidential Information.
VI. Intellectual Property
1. 32links information is the proprietary property of Sellers Review sp. z o.o. and its licensors, and is protected by (страна регистрации компании) and international copyright and other intellectual property laws, or is used under the principles of fair use. 32links and its licensors retain all rights with respect to the ( название сервиса) Information or your Information, except those expressly granted to you in these Terms. 32links Information may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means in whole or part without our prior written permission, except you may download and print 32links Information for uses that are not competitive with or derogatory to us, provided that you keep all copyright or other proprietary notices intact. Please note that this limited consent may be revoked at any time.
2. All copyrighted images and trademarks on the Website are copyrights and trademarks of us, our affiliates, or our licensors from whom we license content and may not be copied, imitated, or used in whole or part without the prior written permission of such parties, as applicable. All copyrights and page headers, customer graphics, button icons, and scripts are service marks, trademarks, and trade dress of ours, our affiliates, or our licensors and may not be copied, imitated or used in whole or part without the prior written permission of such parties, as applicable.
VII. Record Retention
1. 32links does not guarantee that your Information will be backed up. 32links recommends that you backup your Information regularly.
VIII. Fees, refunds, charges
1. Subscription Fee. 32links shall not charge a subscription fee from the users of the site, and shall deduct a commission fee from the Service between the Executor and the Customer in the amount of 10%.
2. It is not subject to cancellation and refund. The withheld commission of the held order is not subject to cancellation or refund. However if you are not satisfied with our Service you can ask for a refund by contacting support service 32links within 3 days after deduction of commission and we will consider your claim which does not guarantee 100% refund. You can write here: info@32links.com
3. Payment Method. 32links does not conduct financial operations by itself, and involves for this various payment services and third parties, in accordance with the law of Poland. Service 32links accepts payments by credit cards. By using any payment method available on the website https://32links.com/ and/or providing payment details, you represent and warrant that:
a) You are legally authorized to provide such information;
b) You are legally authorized or permitted to make payments using the payment method(s);
c) if you are an employee or agent of the company or person owning the payment method, you are authorized by that company or person to use the payment method to make payments to (name of service); and
d) Such actions do not violate any applicable law.
4. Taxes. 32links service fee does not include any and all taxes (including, without limitation, value added tax, sales tax, excise tax, goods and services tax, etc.), fees or duties that may be imposed on the Services.
IX. Communications
1. Electronic Communications. You agree that we and our third party vendors and affiliates may provide you with notices, disclosures, electronic records and other communications via email, chat features, text, social media platforms, chat rooms and/or postal mail, at our option. You are responsible for updating your contact information. You agree that messages sent to an email address you have changed will be deemed received when they are sent to an email address on our records with an email confirmation of receipt.
2. Email. When you create an account as a Performer or an account as a Customer, you also provide us with your name, email address, and password. You understand and agree that 32links will periodically send you emails. You will have the option of opting out of receiving weekly mailings and most emails directly from these emails. You can determine what type of 32links messages you receive by using your communication settings. Regardless of your settings, 32links will send you emails under certain circumstances, including: to let you know the status of your personal account, offers received or changes, or if you have not responded to a message from a potential customer or from us.
3. Chat. 32links provides an opportunity for the Performer and the Customer to communicate directly with each other. These messages stay between them. 32links does not monitor these messages and is not responsible for the content or tone of these messages.
X. Social Media.
1. 32links allows you to link to your various social media accounts from your profile and your 32links account. But 32links does not control your social media accounts and has no access to them.
2. Social networks have their own terms, conditions and policies. Please read them carefully before using them.
XI. Third Party Websites
The Website contains links to other websites and social media sites. We are not responsible for examining or evaluating the content or accuracy of any other web site/social network/resource and do not warrant and will not be liable for any third party materials or web sites or for any other materials, products or services of other web sites.
We are not responsible for any harm or damage associated with the purchase or use of goods, services, resources, content or any other transactions made in connection with other parties' websites. Please read the policies and practices of the other party's website carefully and make sure you understand them before engaging in any transactions.
Claims, complaints, questions or concerns about the other party should be directed to that party.
XII. Limitation of Liability.
32links WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION PROVIDED BY YOU IN CONNECTION WITH YOUR OR ANY THIRD PARTY'S (INCLUDING THE SITE HIRER OR USER) USE OF OUR SITE OR SERVICES DIRECTLY THROUGH US OR ONE OF OUR FI WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RESULTING FROM YOUR OR A THIRD PARTY'S USE OR INABILITY TO USE OUR SITE OR SERVICES. WE WILL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS, USE OR DISCLOSURE OF ANY INFORMATION ABOUT YOU STORED, MAINTAINED OR CONTROLLED BY ANY THIRD PARTY, INCLUDING ANY BREACH OF SECURITY RELATED TO INFORMATION ABOUT YOU CAUSED BY A THIRD PARTY. OUR MAXIMUM LIABILITY FOR ALL DAMAGES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL BE THE TOTAL AMOUNT, IF ANY, OF THE FEES PAID BY YOU TO US IN THE 12 MONTHS PRECEDING THE OCCURRENCE OF SUCH LIABILITY OR FIFTY EUROS, WHICHEVER IS GREATER. THESE LIMITATIONS MAY NOT APPLY TO YOU, IN WHOLE OR IN PART, IF YOU ARE LOCATED IN A JURISDICTION THAT DOES NOT PERMIT SUCH LIMITATIONS.
NO CLAIM MAY BE BROUGHT BY YOU AGAINST US MORE THAN TWELVE (12) MONTHS AFTER THE DATE THE CAUSE OF ACTION UNDERLYING SUCH CLAIM AROSE.
XIII. Indemnification
You shall indemnify and hold harmless 32links , our parents, subsidiaries, and affiliates, and each of our and their officers, directors, employees, and representatives, from any and all third-party claims, actions, demands, costs, and expenses, including attorneys’ fees, resulting from your use of this Website and our Services, allegations that 32links, our parents, subsidiaries, and affiliates use Information that may infringe or otherwise violate the Intellectual Property Rights of a third party, unlawful or improper actions by your or someone with access to your account who uses our Website and our Services without authorization, your breaches of these Terms, and/or your negligent acts or omissions. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with us in asserting any available defense. You shall not settle any actions or claims on our behalf without our prior written consent.
XIV. Errors, Inaccuracies, and Omissions
The Website and our Services may contain typographical errors, inaccuracies, or omissions that may relate to us and we reserve the right to correct them, update them, cancel services or offerings if any information about the Service is inaccurate at any time without prior notice, even if you have submitted Information.
XV. Disclaimer of Warranties
WE DO NOT GUARANTEE THAT THIS WEBSITE AND OUR SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR AS INTENDED OR BE COMPATIBLE WITH ANY COMPUTER OR SYSTEM OR EQUIPMENT. THE WEBSITE AND RELATED SERVICES ARE PROVIDED "AS IS." WE MAKE NO WARRANTY THAT THE SERVICES WILL BE SECURE OR ERROR-FREE OR OPERATE WITHOUT INTERRUPTION OR ACHIEVE ANY INTENDED RESULT. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OF THE INFORMATION POSTED BY CUSTOMER OR PERFOVER OR THAT OUR THIRD PARTY SERVICE PROVIDERS HAVE OFFERED THEIR SERVICES IN AN ACCURATE, LEGAL OR PROPER MANNER. WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO ANY OF OUR SERVICES.
XVI. Governing Law
The laws of Poland to this Website and its use, including our relationship and these Terms.
XVII. Miscellaneous.
1. Entire Agreement. These Terms constitute the entire agreement between us and you, which can only be modified in writing or as otherwise set forth herein. Ambiguities shall not be construed against the drafter.
2. Changes. 32links reserves the right to change the terms of these Terms at any time. The new terms will be posted here and have the date of the most recent change. 32links reserves the right to make changes to the functionality of this Website and the Services provided. 32links reserves the right to pull your account, cancel or terminate your account for any violation by you of the terms of these Terms or for other reasons in 32links reasonable business discretion.
3. Assignment. Neither party may assign any of its rights or obligations hereunder without the prior written advance consent of the other party, except we may assign our rights or delegate any of its responsibilities to an affiliate or in connection with a merger, consolidation, or reorganization for the sale of substantially all of our assets.
4. Disputes. Any disputes concerning these Terms and our relationship (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms) shall first be addressed by providing ten (10) days notice to the other party to attempt to cure or resolve the dispute. Thereafter, the parties will attempt mediation within thirty (30) days after the expiration of the preceding ten (10) day notice period. If mediation is unsuccessful, then a party may seek judicial intervention (collectively an "Action"). The only exception for this dispute resolution process is if injunctive relief is necessary. Actions may only be brought in Poland and you agree to this jurisdiction and venue in such court and waive any objection as to inconvenient forum. You agree also that class action lawsuits, class-wide arbitration, private attorney general actions, and any other proceedings where someone acts in a representative capacity are not allowed, nor is combining individual proceedings without consent of all parties. In any action or proceeding to enforce rights under these Terms, the prevailing party will be entitled to recover its costs and attorneys' fees.
5. No Third-Party Beneficiaries. There are no third-party beneficiaries to these Terms.
6. Severability. If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not impair, affect or render invalid or unenforceable any other provision of these Terms, and such invalid or unenforceable provision shall be replaced by a provision that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable provision.
7. Notices and Questions. Any notices and questions to us should be directed to: info@32links.com