Terms Of Service

Welcome to DPGigs.com.

The following terms of service (these “Terms of Service”) govern your access to and use of the DPGigs website and mobile application, including any content, functionality, and services offered on or through www.dpgigs.com (the “Site”) by DUALpreneur LLC (PO Box 17, Dover, DE 19903, United States) is referred hereto as “DPGigs” “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 DPGigs Payment Terms, found here (“Payment Terms”), which is incorporated herein by reference. You further acknowledge 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 DPGigs 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 weekdays from 9 AM ET to 5 PM ET 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.

Key Terms

Buyers are users who purchase services on DPGigs.

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

DPGigs are services offered on DPGigs.

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 was made from the Seller’s Gig Page.

Sellers are users who offer and perform services on DPGigs.

Overview (Main terms, in a nutshell)

• Only registered users may buy and sell on DPGigs. 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 DPGigs base price is determined by the Seller.
• Buyers pay DPGigs in advance to create an order (see Payment Terms).
• Orders are purchased through the Order button found on a Seller’s Gig page.
• For fees and payments please read the Payment Terms
• Sellers must fulfill their orders, and may not cancel orders on a regular basis or without cause. Cancelling orders will affect Sellers’ reputation and status.
• Sellers gain account statuses (Levels) based on their performance and reputation.
• Users may not offer or accept payments using any method other than placing an order through DPGigs.com.
• When purchasing a Gig, Buyers are granted all rights for the delivered work, unless otherwise specified by the Seller on their Gig page.
• DPGigs retains the right to use all published delivered works for DPGigs marketing and promotion purposes.
• We care about your privacy. You can read our Privacy Policy here.
• Users undertake to comply with DPGigs’ Community Standards, which are a set of behavior rules and guidelines, applicable to the DPGigs community and marketplace in addition to these Terms of Service, as updated from time to time.

SELLERS

Basics

• Sellers create Gigs on DPGigs 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, credits your account with a revenue equal to 80% of the purchase amount.
• DPGigs credits Sellers once an order is completed. See our “Orders” section below for a definition of a completed order.
• For more information about receiving payments, fees and taxes see the Payment Terms.
• Sellers may not promote their Gigs or any DPGigs content via the Google Ads platform.
• The Seller’s rating is calculated based on the order reviews posted by Buyers. High ratings allow Sellers to obtain advanced Seller levels (see Levels below). In certain cases, exceedingly low ratings may lead to the suspension or cancellation of the Seller’s account.
• For security concerns, DPGigs may temporarily disable a Seller’s ability to request payout of 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 DPGigs accounts to a single payout 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.

DPGigs Gigs

• Sellers are allowed to post a select amount of active Gigs based on their Level status.
  • 7 Gigs for Sellers without a Level status.
  • 10 Gigs for Level 1 Sellers.
  • 20 Gigs for Level 2 Sellers.
  • 30 Gigs for Top Rated Sellers.
• Gigs created on DPGigs are User Generated Content.
• Gigs and/or users may be removed by DPGigs 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:
  • Illegal or Fraudulent services
  • Copyright Infringement, Trademark Infringement, and violation of a third party’s terms of service reported through our Intellectual Property Claims Policy found here
  • Adult oriented services, Pornographic, Inappropriate/Obscene
  • Intentional copies of Gigs
  • Spam, nonsense, or violent or deceptive Gigs
  • Gigs misleading to Buyers or others
  • Reselling of regulated goods
  • Offering to prepare academic works on behalf of Buyers
  • Exceedingly low quality Gigs
  • Promoting DPGigs and/or DPGigs 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 Search feature due to poor performance and/or user misconduct.
• Gigs are required to have an appropriate Gig image related to the service offered. 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.
• Statements on the Gig Page that undermine or circumvent these Terms of Service is prohibited.

Levels

DPGigs 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, DPGigs may reward them with new statuses, special opportunities, benefits, and tools that come with it.

• DPGigs Sellers can gain account Levels based on their activity, performance and reputation. The advancement criteria is coming soon.
• Advancement Levels will be updated quarterly.
• The 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 selling their Gig in multiples.

Top Rated Sellers

• Top Rated Sellers are chosen manually by DPGigs 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. Top Rated Sellers gain access to more extensive features than previous levels, including exclusive access to new features and VIP support.
• Top Rated eligibility is constantly evaluated by DPGigs to ensure that the quality standards and expectations of the Top Rated selection is kept. DPGigs 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.

Verified Sellers

• Verified Sellers are pre-verified professionals who undergo a vetting process by DPGigs editors. Applying for DPGigs Pro is open to everyone: professional freelancers who are new to DPGigs, as well as existing DPGigs Sellers.
• Verified Sellers eligibility is constantly evaluated by DPGigs to ensure that the quality standards and expectations of the Pro Seller selection is kept. DPGigs retains the right to change a Pro Seller status in light of such evaluation. In addition, Pro 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, also risk losing their Pro status and the benefits that come with it.

DPGigs Business Catalog

DPGigs Business is a freelance platform tailor-made for larger teams and businesses. Sellers on the DPGigs Business catalog are required to comply with certain professional standards. Eligible Sellers whose Gigs are included in the DPGigs Business catalog will be regularly evaluated by DPGigs to ensure their high-quality professionalism is kept. DPGigs reserves the right to remove Sellers and Gigs from the DPGigs Business catalog.

Seller Features

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

Stock Images

Any Stock Images used by the seller must obtain the appropriate or necessary license to avoid copyright infringement.

Shipping Physical Deliverables

• Some of the services on DPGigs are delivered physically (arts and crafts, collectable 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 pertains 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.
• DPGigs 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 DPGigs platform.
• DPGigs retains the right to use all publicly published delivered works for DPGigs marketing and promotional purposes.
• Buyers may request a specific service from the Post a Request feature. Services requested on DPGigs must be an allowed service on DPGigs. 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 DPGigs.

Purchasing

• Please refer to the Payment Terms for making Payments through the DPGigs platform and to learn about fees and taxes.
• You may not offer Sellers to pay, or make payment using any method other than through the DPGigs.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 DPGigs order number (#DO).
• 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 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.
• 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 DPGigs’ Customer Support department for assistance here. For more information about disputes, Order cancellations and refunds please refer to the Payment Terms.
• 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 were submitted within 8 days after 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 Buyer does not pay for the next milestone within 10 days of acceptance of previous milestones, the Order under the next milestones will not start. Please note that if you choose to stop the future milestones, the current ordered milestone will not be cancelled.
• 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 DPGigs 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 DPGigs has no responsibility or liability related to any local services provided by the Sellers. In the event that the service is performed on the Buyers’ premises, DPGigs are encouraged to maintain proper insurance policies to cover their liability as the premise owner. DPGigs’ 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. DPGigs will not be held responsible for any damages which 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

• Feedback reviews provided by Buyers while completing an Order are an essential part of DPGigs’ rating system. Reviews demonstrate the Buyer’s overall experience with the Sellers and their service. Buyers are encouraged to communicate to the Seller any concerns experienced during their active order in regards to the service provided by the Seller.
• Leaving a Buyer’s feedback is a basic prerogative of a Buyer. Feedback 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 Feedback system, all feedback reviews must come from legitimate sales executed exclusively through the DPGigs platform from users within our Community. Purchases arranged, determined to artificially enhance Seller ratings, or to abuse the DPGigs platform with purchases from additional accounts, will result in a permanent suspension of all related accounts.
• Feedback comments given by Buyers are publicly displayed on a Seller’s Gig page.
• Work Samples are the delivered images and videos sent to a Buyer in a delivery message. 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.
• 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.
• Responding and posting a review: Once work is delivered, the Buyer has three days to respond. If no response is provided within the response period, the Order will be considered completed.
• Users are allowed to leave reviews on Orders up to 10 days after an Order is marked as complete. No new reviews may be added to an Order after 10 days.
• Sellers may not solicit the removal of feedback reviews from their Buyers through mutual cancellations.
• Once the Buyer submits his/her review, the Seller will receive a notification and will also have the opportunity to leave a review about working with the Buyer. Please Note: At this stage, Sellers cannot see the Buyer’s review.
• Once both Seller and Buyer have completed their reviews, or the 10 days have passed, all posted reviews are made public.
• Responding to a review: Once both reviews from the Buyer and Seller have been published, the Seller can reply to the Buyer’s review from the Order page, seen on the Seller’s Gig page, beneath the Buyer’s feedback.

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 DPGigs‘ 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

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

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

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

• To protect our users’ privacy, user identities are kept anonymous. Requesting or providing Email addresses, Skype/IM usernames, telephone numbers or any other personal contact details to communicate outside of DPGigs in order to circumvent or abuse the DPGigs platform is not permitted.
• Any necessary exchange of personal information required to continue a service may be exchanged within the Order Page.
• DPGigs 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.
• DPGigs does not provide protection for users who interact outside of the DPGigs platform.
• All information and file exchanges must be performed exclusively on DPGigs’ 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.
• DPGigs 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 DPGigs to contract, engage with, or pay outside of DPGigs.

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 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 on Order Cancellation or Feedback policies.

Gigs

• Users may report Gigs to Customer Support that may be in violation of DPGigs’ 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.
• DPGigs 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 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 Safety team. A warning will be sent to the user’s email address and will be displayed for such users 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 – DPGigs does not allow any exchange of adult-oriented or pornographic materials and services.

Inappropriate Behavior & Language – Communication on DPGigs should be friendly, constructive, and professional. DPGigs 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 members’ 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 DPGigs will not be protected by our Terms of Service.

Authentic DPGigs Profile – You may not create a false identity on DPGigs, misrepresent your identity, create a DPGigs 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., while may be kept anonymous, must be accurate and complete and may not be misleading, illegal, offensive or otherwise harmful. DPGigs 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 – DPGigs will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s terms of service. Our Intellectual Property claims procedures can be reviewed here.

Fraud / Unlawful Use – You may not use DPGigs 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 DPGigs account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the DPGigs community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations of DPGigs’ 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 DPGigs. This includes creating new multiple accounts to harass members through our message or ordering system.

Selling Accounts – You may not buy or sell DPGigs accounts.

Proprietary Restrictions

The Site, including its general layout, look and feel, design, information, content, and other materials available thereon, is exclusively owned by DUALpreneur® and protected by copyright, trademark, and other intellectual property laws. DUALpreneur® is a registered trademark owned exclusively by DUALpreneur LLC. 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, DUALpreneur® owns all right, 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 DPGigs with any comments, suggestions, or other feedback regarding the DPGigs platform or the Site as a whole, as well as other DPGigs products or services (collective, the “Feedback”), you will be deemed to have granted DPGigs an exclusive, royalty-free, fully paid up, perpetual, irrevocable, worldwide ownership rights in the Feedback. DPGigs 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

• DPGigs 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 or due to any illegal or inappropriate use of the Site or services.
• Violation of DPGigs’ 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 DPGigs.
• 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 DPGigs dispute resolution tools (‘Resolution Center’ on the order page) or by contacting DPGigs Customer Support.
• DPGigs may make changes to its Terms of Service from time to time. When these changes are made, DPGigs will make a new copy of the terms of service available on this page.
• You understand and agree that if you use DPGigs after the date on which the Terms of Service have changed, DPGigs 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 DPGigs by our users (Buyers and Sellers) is User Generated Content. DPGigs does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, 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 DPGigs 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, DPGigs is not responsible for the content, quality, or level of service provided by the Sellers (even if they are Pro Sellers, 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. 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 he/she has sufficient permissions, rights, and/or licenses to provide, sell or resell the service that is offered on DPGigs. Sellers advertising online their Gig 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, as applicable, and may lead to the suspension of 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 DPGigs, 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 any purpose except for commercials, radio, television, and internet commercial spots). If you intend to use VoiceOver 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 DPGigs, including Gig texts, photos, videos, usernames, user photos, user videos, and any other information, including the display of delivered work, may be used by DPGigs 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 perpetual, exclusive, non-transferable, worldwide license to use the purchased Voice Over (except for commercials, radio, television, and internet commercial spots).
By purchasing a 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 corporate, promotional, and non-broadcast purposes. Corporate, promotional, and non-broadcast purposes mean any business-related use for the creation of, or to promote a for-product profit 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, which includes internet, radio, and TV “paid channels” including (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 DPGigs’ 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 DPGigs 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 DPGIGS NOR ANY PERSON ASSOCIATED WITH DUALPRENEUR LLC 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 WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL DPGIGS, 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 WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

The term “Affiliate” referred to herein, is an entity that, directly or indirectly, controls, or is under the control of, or is under common control with DPGigs, where control means having more than fifty percent (50%) voting stock or other ownership interest or the majority of voting rights of such entity.