Welcome to the mobile application known as Legiit Freelance Marketplace (the “Application”) and the website known as https://legiit.com (the “Site”). The Application and the Site shall be collectively referred to as the “Service”. By using the Service, you are agreeing to comply with and be bound by the following terms of use, which together with our Privacy Policy govern the relationship between you and Legiit Online Marketplace, Inc., including its subsidiaries, related and affiliated companies (individually or collectively referred to herein as "Provider" of the Service). You are only authorized to use the Service if you agree to abide by all applicable laws, rules, and regulations and these Terms Of Use and Licensing Agreement. We may at any time revise these Terms Of Use and Licensing Agreement. You are bound by such revisions and should therefore periodically review these Terms Of Use and Licensing Agreement.
The terms "Legiit" or "Provider" or "us" or "we" refer to the owner of the Service, Legiit Online Marketplace, Inc, a South Carolina corporation, whose business office is 2411 N. Oak Street Founders Centre Suite 201, Unit 105 E, Myrtle Beach, South Carolina 29577. The term "you" or "community member
" refers to the community member
or viewer of our Service.
Legiit.com is a worldwide online digital services marketplace connecting buyers and freelance sellers of digital goods and/or services. The Service provides community members
the opportunity to request and provide services to other community members
of the Service.
By using this Service, you are agreeing to these Terms Of Use and Licensing Agreement. Future use of the Service will be subject to the Terms in effect at that time. Barring some other formally and specifically executed agreement between you and us, these Terms govern the entire relationship between us.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE AND LICENSING AGREEMENT, THEN YOU ARE NOT AUTHORIZED TO USE THIS SERVICE AND LICENSE FOR USE IS NOT GRANTED. YOU MUST DISCONTINUE USE OF THE SERVICE IMMEDIATELY AND/OR UNINSTALL THE APPLICATION.
The use of the Service is subject to the following terms of use:
- By using the Service or purchasing any products or services from the Service or downloading/installing the Application, you represent and warrant that: (a) you are 18 years of age or older; (b) you have the authority to enter into these Terms Of Use and Licensing Agreement on your own account; (c) your use of the Service or purchase of any products or services does not violate any applicable law, regulation, or agreement; and (d) you accept this agreement and agree that you are legally bound by its terms. Use of the Service is void where prohibited.
- The Application is available to handheld mobile devices running Apple iOS and Android OS Operating Systems. The license granted to you to use the Application is a limited, non- exclusive, non-transferable, non-sublicensable license to download, install, and use the Application for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you ("Mobile Device") strictly in accordance with the Application's documentation; and access, stream, download, and use on such Mobile Device any content or services from the Service made available in or otherwise accessible through the Application, strictly in accordance with this Terms of Use and Licensing Agreement. You shall use the Application in accordance with these Terms of Use and Licensing Agreement and shall not: (a) decompile, reverse engineer, disassemble, attempt to derive source code of, or decrypt the Application; (b) rent, lease, distribute, or sublicense the Application; (c) use the Application for commercial purposes; (d) distribute or make the Application available over a network where it could be used by multiple mobile devices at the same time; or (e) copy the Application.
- You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under this Terms of Use and Licensing Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this agreement. Provider reserves and shall retain its entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Terms of Use and Licensing Agreement.
- Provider may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Provider has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either: (a) the Application will automatically download and install all available Updates; or (b) you may receive notice of or be prompted to download and install available Updates. You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Terms of Use and Licensing Agreement.
- The term of the Licensing Agreement commences when you download/install the Application and will continue in effect until terminated by you or Provider as set forth in this Section 5. You may terminate this Licensing Agreement by deleting the Application and all copies thereof from your Mobile Device. Provider may terminate this Licensing Agreement at any time without notice if it ceases to support the Application, which Provider may do in its sole discretion. In addition, this Licensing Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions. Upon termination: (i) all rights granted to you under this Licensing Agreement will also terminate; and (ii) you must cease all use of the Application and delete all copies of the Application from your Mobile Device and account. Termination will not limit any of Provider’s rights or remedies at law or in equity.
- The Service is solely for your personal or business use.
- You are required to create a username and password in order to access and use products and services of the Service. By registering for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 18 years of age, you are not authorized to use the Service. Your community member
account may be deleted and/or terminated without warning if we believe that you are under 18 years of age.
- You are required to use your real legal name on your account. Legiit may require you to use a secure identification process for this or any reason at any time to confirm your identity. Failure to confirm your identity can result in your ability to purchase, sell, or withdraw funds from Legiit being permanently suspended.
- If you purchase a service, course, or make a deposit to Legiit and attempt to withdraw that purchase to an alternative payment method after cancelling, refunding, or otherwise relinquishing the funds, Legiit may hold the funds for a 60 day period prior to unlocking them for withdrawal.
- Your use of any information or materials on the Service is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services, or information available through this Service meet your specific requirements.
- Additionally, by accessing and using the Service, you agree to be bound by the terms found in our Privacy Policy which can be accessed by the following link. Any personal information you supply to us when using the Service will be used by us in accordance with our Privacy Policy.
- The trademarks, logos and service marks ("Marks") displayed on the Service are the property of Provider and other parties. You are prohibited from using any Marks for any purpose including, but not limited to, use as metatags on other pages or websites on the World Wide Web without the written permission of Provider or such third party which may own the Marks. All information and content located on the Service is protected by copyright. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any content available on or through the Service for commercial or public purposes. Unauthorized use of the Service may give rise to a claim for damages and/or be a criminal offense.
- In general, Legiit does not charge a fee to use the Service. If a community member
completes a sale of products or services on the Service ("Seller"), then Seller shall be responsible for payment of a fee to Provider equal to fifteen percent (15%) of the total sale amount ("Seller Fee"). The Seller Fee shall be automatically deducted from the Seller’s payout or proceeds from the sale before any amounts are made available to Seller. By listing any products or services for sale on the Service, Seller expressly agrees to the above payment terms and authorizes the deduction of the Seller Fee from any payout. All transactions made through Legiit utilizing any of the third party payment providers may be subject to a 3% processing fee. This processing fee goes toward payment processing costs and is non-refundable. Payments made via wallet funds are not subject to processing fees.
- Refund policy. In the even that an order goes unfulfilled or needs to be refunded, or otherwise canceled, the funds from the canceled order will be returned as a credit to the customer's Legiit account ("wallet"). Once there the customer may chose to purchase additional services on Legiit, or may withdraw any portion up to $1,000 per day to PayPal, Payoneer, Skrill, or any other future withdrawal methods partnered with by Legiit. Refunds can't be returned to the original payment method directly.
- Provider offers an Affiliate Program for all community members
of the Service. All community members
may promote a Seller’s products or services; provided, however, community members
may not promote premium sellers that have opted out of the Affiliate Program on any or all products or services.. By sending an affiliate link to a third party ("Affiliate"). If a third party purchases products or services from the Service using the affiliate link provided by the Affiliate, then the Affiliate shall receive a fee equal to fifteen percent (15%) of the total sale amount ("Affiliate Fee") and fifteen percent (15%) of all purchases made by the person they referred for a period of at least 7 days. The Affiliate Fee shall be automatically deducted from the Seller’s payout or proceeds from the sale before any amounts are made available to Seller. By listing any products or services for sale on the Service, Seller expressly agrees to the terms of the affiliate program and authorizes the deduction of the Affiliate Fee from any payout. Seller understands and agrees that the Affiliate Fee is in addition to the Seller Fee owed to Provider upon the sale of products or services.
- Seller shall receive a credit in his or her escrow account upon the buying community member
("Buyer") marking the transaction as complete. This applies to any tips received by the seller as well, which will be held in his or her escrow account until verified. Provider shall verify the transaction and payment within five (5) days of the Buyer marking the transaction as complete. Upon verification by Provider, the Seller’s payout or proceeds shall be available for withdrawal in the amount of no more than $1,000 per day. If the Buyer does not mark the transaction as complete, then the transaction shall automatically be considered complete after three (3) days, and then Provider shall verify the transaction and payment within five (5) days. Seller acknowledges and agrees that after verification by Provider, it can take up to seventy-two (72) hours for the payout or proceeds to appear in the Seller’s account. There is a $3 fee per withdrawal.
- Should a dispute arise between a Buyer and a Seller, a dispute resolution process is available to the Buyer. Click here to view full details on our dispute resolution process. Alternatively, the Buyer has the right to work directly with a Seller to resolve any disputes.
- In the event of a chargeback filed by the customer with the customer’s credit card company, bank, or other financial institution Legiit will open a dispute on Legiit’s platform for the order that the chargeback was filed on. Legiit will work to resolve the chargeback with the financial institution. If the chargeback is settled in favor of Legiit the order and payout for the work will proceed as normal. If Legiit should lose the chargeback the sellers Legiit account will be debited the amount of the chargeback. If this causes the Seller’s Legiit balance to become negative, then the Seller will need to add sufficient funds to the account in order to continue using Legiit.
- You acknowledge and agree that by uploading personal or business contact information, you are sharing your personal or business contact information with other community members
and third parties, of which Provider has no control. You understand that your personal or business contact information may be shared to third parties by other community members
of the Service. Provider is not responsible for the actions of other community members
of the Service. You agree to indemnify and hold Provider harmless from and against any claims, loss, liability, demand, suit, damage, or expense made against us relating to your use or upload of personal or business contact information.
- You are solely responsible for the content, products, or services that you publish or display on or through the Service, or transmit to other community members
via the Service (collectively, "Community Member
Content"). By publishing or transmitting Community Member
Content on the Service, you agree that the Community Member
Content is free from viruses. Provider assumes no liability for Community Member
Content uploaded by Service community members. Provider does not review Community Member
Content posted to or created by Service community members, and is not in any manner responsible for these communications and materials. Provider does not represent or guarantee the truthfulness, accuracy, or reliability of Community Member
Content or any other communications posted or transmitted by community members or endorse any opinions expressed by community members. You acknowledge that any reliance on material posted by or information received from other community members will be at your own risk. You acknowledge that by providing you with the ability to view and distribute Community Member Content on the Service, Provider is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any Community Member Content or activities on the Service. Any disputes arising between you and other community members related to the use of the Service are the sole responsibility of the community members. Provider has no obligation to monitor disputes between you and other community members.
- By submitting a request for products or services on the Service ("Project Request"), you warrant that you have the authority to authorize the specific work or services and that such services will not violate the rights of any third party. You are solely responsible for complying with any local, state, or federal law. You are responsible for obtaining any required licenses and/or permits as required by law for your Project Request. Provider is not responsible for ensuring community members obtain any licenses and/or permits required by local, state, or federal law. You agree to indemnify and hold Provider harmless from and against any claims, loss, liability, demand, suit, damage, or expense made against us relating to your Project Request.
- By offering any products or services on the Service or submitting images, photos, graphics, videos, blogs, event information, or other materials (collectively "Project Offer"), you warrant and represent that you are the owner or creator and that such use by you, another community member, or Provider does not and will not violate any rights of any third party. It is unlawful to not have proper authorization for use of material or any protected intellectual property of a third party. By submitting a Project Offer on the Service, you are solely responsible for complying with any local, state or federal law. Provider is not responsible for ensuring correct use of the products or services. You are responsible for obtaining any required 15. licenses and/or permits as required by law. You agree to indemnify and hold Provider harmless from and against any claims, loss, liability, demand, suit, damage, or expense made against us relating to your Project Offer. You agree to pay all fees incurred by Provider relating to the misuse and acknowledge the forfeiture of all rights outlined in the Privacy Policy or these Terms Of Use and Licensing Agreement.
- You have the burden of determining whether any product or service being offered, images, photos, graphics, videos, blogs, or other materials are protected and owned by a third party. Provider reserves the right to delete any material we believe to be protected. Provider has the authority to investigate any suspicious submissions, including but not limited to, inquiry to the owner or authority responsible for the material, contacting the agency responsible for handling the material, etc.
- By using the Service, Seller hereby represents and warrants that the Project Offer, or any other products or services offered by Seller, do not and shall not infringe, and Seller has not received any notice, complaint, threat, or claim alleging infringement of, any trademark, copyright, patent, trade secrets, industrial design, or other rights of any third party in the Project Offer, and the selling of the Project Offer will not include any activity that may constitute a "hack", offer for malicious purposes, or violate a third party’s terms and conditions or rights. Seller further acknowledges that if he or she is not the owner of the Project Offer, then he or she has permission from the rightful owner to offer the Project Offer. Seller acknowledges and agrees that he or she will hold harmless, protect, indemnify, and defend Provider and its affiliates and any of their respective owners, members, officers, directors, employees, or agents from any liability (including attorneys’ fees and court costs), including any claim or suit, threatened or actual, arising from the Project Offer furnished by the Seller.
- If you choose to correspond, participate in services, or engage in transactions with any community members found on or through the Service, you acknowledge and agree that Provider is not a party to, and will not be responsible for your interaction with such community member, including the terms and conditions applicable to any transaction between you and the other community member. The terms of your interaction with any community member are solely between you and such community member. You agree that Provider will have no responsibility or liability for any loss or damage of any kind that you may suffer as the result of any such interaction or the presence of such community member on the Service.
- Provider does not perform background checks on community members of the Service. Provider is unable to control community members and is not responsible for any acts or omissions committed by community members as part of a Project Request or Project Offer. You acknowledge that community members are providing good or services at their own will. PROVIDER IS NOT LIABLE FOR THE ACTS OR OMISSIONS, WHETHER NEGLIGENT OR OTHERWISE, OF COMMUNITY MEMBERS. Any disputes arising between you and other community members related to the use of the Service or Project Request or Project Offer are the sole responsibility of the community members.
- All community members agree that all communication, contact made with other community members, or purchases and sales shall occur directly through the Service. If a Project Request is made by a Buyer, then Seller must sell the product or service to the Buyer directly through the Service. Any products or services purchased by a Buyer from a Seller outside of the Service shall be barred from using the dispute resolution process offered by Provider. Provider reserves the right to terminate any community member's account for an attempt to purchase or sell any products or services outside the Service.
- By using the Service, you expressly consent to Provider’s use of any images, photos, graphics, videos, blogs, reviews, or other materials uploaded by you to the Service. You hereby grant Provider a perpetual, royalty-free, worldwide, irrevocable license to reproduce any images, photos, graphics, videos, blogs, or other materials uploaded by you to the Service for any purpose whatsoever including, but not limited to, marketing, promotions and promotional material.
- You agree that the use of the Service is entirely at your own risk, and you waive any claims and actions against Provider and any and all persons and entities responsible for the existence and provision of this Service. This includes, but is not limited to, any and all equitable claims and any and all claims for: actual damages; statutory damages; punitive damages; liquidated damages; special damages; nominal damages; costs; fees; attorneys’ fees; and reimbursements. IT IS YOUR RESPONSIBILITY TO EVALUATE AND VERIFY THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY PRODUCT, SERVICE, OPINION, ADVICE, OR OTHER CONTENT AVAILABLE THROUGH THE SERVICE.
- You will not act in a vulgar, disrespectful, or illegal way while using the Service or interacting with any community members or third parties known to you as a result of using the Service. Provider reserves the right to refuse service, terminate your account, cancel any pending orders, and report your actions to the appropriate authority. Provider shall not refund any monies paid for the product or services lost due to your behavior.
- New services, and updates to existing services must be manually approved by the management team who has the right to reject any service for any reason as they see fit. Approvals can take up to 72 hours.
- Community Members may purchase advertising plans to advertise on the Service, subject to availability. Community Members have the ability to choose from five (5) advertising options at this time: (1) "Home Page Top Rated Service Row": $35.00 per day for up to 3 days maximum; (2) "Category Page": $20.00 per day for up to 3 days maximum; (3) "Sub Category Page": $15.00 per day for up to 3 days maximum; (4) “New & Trending Section”: $35.00 per day for up to 3 days maximum; or (5) “Cart Sponsor Page”: $40.00 per day for up to 3 days maximum. Provider cannot guarantee availability of exact location of advertising or date of advertising. Community Members understand and agree that purchasing an advertising plan is optional and is not a guarantee of sales or increased traffic to said Community Member’s products or services.
- Community Members may purchase a "Premium Seller" subscription at a cost of $27 every 1 Month. This provides the seller with different marketing opportunities as described at https://www.legiit.com/my-premium/subscription. Community Member may cancel subscription at any time and will retain features until the end of that billing period, after which extra features will expire and seller will return to the free level account. Features may be added or removed by Service as they deem appropriate.
- Legiit may at any time discount any service on the site without seeking the freelancer's permission first. The freelancer agrees to this, and is bound by the discounted price presented to the customer.
- The Service provides links to other websites by allowing you to leave this Service to access third-party material or by bringing third-party material into this Service via "inverse" hyperlinks and framing technology (a "Linked Site"). Provider has no discretion to alter, update, or control the content on a Linked Site. The fact that Provider has provided a link to a Linked Site is not an endorsement, authorization, sponsorship, or affiliation with respect to such Linked Site, its owners, or its providers. There are inherent risks in relying upon, using or retrieving any information found on the internet, and Provider urges you to make sure you understand these risks before relying upon, using, or retrieving any such information on a Linked Site.
- Provider does not endorse and is not responsible for: (a) the accuracy or reliability of an opinion, advice, or statement made through the Service by any party other than Provider; (b) any content provided on Linked Sites; (c) any content provided on a blog; or (d) the capabilities or reliability of any product or service obtained from a Linked Site. Other than as required under applicable consumer protection law, under no circumstance will Provider be liable for any loss or damage caused by your reliance on information obtained through the Service or a Linked Site, or your reliance on any product or service obtained from a Linked Site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.
- ALL CONTENT, PRODUCTS, AND SERVICES ON THE SERVICE, OR OBTAINED FROM A SITE TO WHICH THE SERVICE IS LINKED ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. PROVIDER DOES NOT WARRANT THAT THIS SERVICE, ITS SERVERS, OR E-MAIL SENT FROM THIS SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PROVIDER IS NOT LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SERVICE, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. HOWEVER, IN NO EVENT SHALL PROVIDER BE LIABLE FOR DAMAGES OR LOSSES EXCEEDING THE AMOUNT, IF ANY, PAID BY TO THE PROVIDER AS A PORTION OF THE SALE OF PRODUCTS OR SERVICES OR $100.00, WHICHEVER IS LESS.
- The information, software, products, and descriptions of services published on the Service may include inaccuracies or typographical errors, and Provider specifically disclaims any liability for such inaccuracies or errors. Provider does not warrant or represent that the content on the Service is complete or up-to-date. Provider is under no obligation to update the content on the Service. Provider may change the content of the Service at any time without notice. Provider may make improvements or changes to the Service at any time.
- All applicable local, state and federal taxes, if any, are your sole responsibility as the Seller or Buyer of products or services from another community member. These may include sales taxes based on the retail value of the product or services provided.
- You agree that Provider, its affiliates and any of their respective owners, members, officers, directors, employees, or agents will not be liable, whether in contract, tort, strict liability or otherwise, for any indirect, punitive, special, consequential, incidental or indirect damages (including without limitation lost profits, cost of procuring substitute service, or lost opportunity) arising out of or in connection with the delay or inability to use the Service or a Linked Site, or for the use of any images, photos, graphics, videos, blogs, information, or other materials provided by you, even if Provider is made aware of the possibility of such damages. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect your equipment, failure of mechanical or electronic equipment or communication lines, telephone or interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems, any force majeure, or any intellectual property infringement or similar claims. Provider cannot and does not guarantee continuous, uninterrupted or secure access to the Service.
- It is your exclusive obligation to maintain and control passwords to your account. You are exclusively responsible for all activities that occur in connection with your username and password. You agree to immediately notify Provider of any unauthorized uses of your username and password or any other breaches of security. Provider will not be liable for any loss or damages of any kind, under any legal theory, caused by your failure to comply with the foregoing security obligations or caused by any person to whom you grant access to your account.
- You agree to indemnify, defend, and hold harmless Provider, its affiliates and any of their respective owners, members, officers, directors, employees, volunteers or agents, and anyone involved in creating or providing the Service, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms Of Use and Licensing Agreement or any activity related to your use of the Service or by any other person accessing the Service using your account.
- Whenever possible, each provision of this Terms Of Use and Licensing Agreement will be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Terms Of Use and Licensing Agreement is held to be invalid, illegal, or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other provision or any other jurisdiction, but this Terms Of Use and Licensing Agreement will be construed and enforced in such jurisdiction as if such invalid, illegal, or unenforceable provisions had never been contained herein.
- The Service is based in the state of South Carolina in the United States. If you access the Service from outside the United States, you are responsible for compliance with the laws of the jurisdiction where you access the Service. You acknowledge that you may not be able to access all or some of the Service outside of the United States and that access thereto may not be legal by certain persons or in certain countries.
- Your use of the Service and any dispute arising out of such use of the Service is subject to the laws of the State of South Carolina, United States of America and applicable federal law without regard to conflicts of laws principles. You agree that any dispute arising from the use of this Service shall be submitted to binding arbitration in accordance with the expedited Commercial Arbitration Rules of the American Arbitration Association by a single arbitrator appoint in accordance with said rules. The seat of arbitration shall be Myrtle Beach, Horry County, South Carolina. Judgment upon any award rendered in any such arbitration may be entered in a court of competent jurisdiction. This Section shall not limit either party’s right to obtain any provisional or equitable remedy, including, without limitation, injunctive relief, from any court of competent jurisdiction, as may be necessary in the sole judgment of such party to protect its rights hereunder.
- If you have any questions about these Terms Of Use and Licensing Agreement, please contact us at [email protected].