TERMS OF SERVICE

Fluent Essays’ Terms of Service

Last Update: September 2020

Welcome to FluentEssays.com.

The following terms of service (these "Terms of Service"), govern your access to and use of the Fluent Essays website, including any content, functionality and services offered on or through www.FluentEssays.com (the "Site") by Fluent Essays International Ltd. (8 Kaplan St. Tel Aviv 6473409, Israel) and, with respect to payment processing services, by its subsidiaries: Fluent Essays Inc. (38 Greene St. NY 10013, NY, USA) for payments made from the U.S. or Fluent Essays Limited (Lemesou 11, 2112 Nicosia, Cyprus) for payments made from anywhere else. Fluent Essays International Ltd. and its subsidiaries are collectively referred hereto as "Fluent Essays’" "we" or "us".

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, Fluent Essays’ Payment Terms, found here (“Payment Terms”), and our Privacy Policy, found here, each of which is incorporated herein by reference. 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 13 years of age or older. If you are under 13 you may not use this Site or the Fluent Essays’ services. By using this Site, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

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

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

Key Terms

Buyers are users who purchase services on Fluent Essays’.

Business Account is a collaborative Buyer account, created via Fluent Essays’ Business, as detailed on Fluent Essays’ Business Terms of Service (available here).

Business Account Team Member or Team Member is any user that is invited or uses a Business Account.

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

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

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

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

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

Gig® / Gigs® are services offered on Fluent Essays’.

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

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

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

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

Sellers are users who offer and perform services through Gigs or through the Logo Maker on Fluent Essays’.

Overview (Main terms, in a nutshell)

  • Only registered users may buy and sell on Fluent Essays’. Registration is free.
  • Gigs on Fluent Essays’ may be offered at a base starting price of $5. Some Gigs are offered at a base price of more than $5 as determined by the Seller.
  • Buyers pay Fluent Essays’ in advance to create an order (see Payment Terms).
  • Orders are purchased through the Order button found on a Seller’s Gig page or through a Custom Offer.
  • For fees and payments please read the Payment Terms
  • Sellers must fulfill their orders, and may not cancel orders 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. Advanced levels provide their owners with benefits, including offering services for higher prices through Gig Extras, or selling their Gig in multiples.
  • Users may not offer or accept payments using any method other than placing an order through Fluent Essays’.com.
  • When purchasing a Gig, Buyers are granted all rights for the delivered work, unless otherwise specified by the Seller on their Gig page. Note: some Gigs charge additional payments (through Gig Extras) for Commercial Use License. See our “Ownership” and “Commercial Use License” sections below for more information.
  • Fluent Essays’ retains the right to use all published delivered works for Fluent Essays’ marketing and promotion purposes.
  • We care about your privacy. You can read our Privacy Policy here. The Privacy Policy is a part of these Terms of Service and incorporated herein by reference.
  • Users undertake to comply with Fluent Essays’s Community Standards, which are a set of behavior rules and guidelines, applicable to the Fluent Essays’ community and marketplace in addition to these Terms of Service, as updated from time to time.
  • Fluent Essays’ offers its users the Logo Maker, which allows certain Sellers to offer various original logo designs for Buyers to adjust and customize per their own specific needs, using special automated design tools. Through the Logo Maker, Buyers purchase full commercial use rights to the Logo Design embedded with their brand name.

SELLERS

Basics

  • Sellers create Gigs on Fluent Essays’ to allow Buyers to purchase their services.
  • Sellers may also offer Custom Offers to Buyers in addition to their Gigs.
  • Each Gig you sell and successfully complete, accredits your account with a net revenue of 80% of the purchase amount.
  • Fluent Essays’ accredits 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 Fluent Essays’ content via the Google Ads platform.
  • The Seller's rating is calculated based on the order reviews posted by Buyers or Business Account Team Members. High ratings allow Sellers to obtain advanced Seller levels (see Levels below). In certain cases, exceedingly low ratings may lead to the suspension of the Seller’s account.
  • For security concerns, Fluent Essays’ may temporarily disable a Seller’s ability to withdraw revenue to prevent fraudulent or illicit activity. This may come as a result of security issues, improper behavior reported by other users, or associating multiple Fluent Essays’ accounts to a single withdrawal provider.
  • Sellers are responsible for obtaining a general liability insurance policy with coverage amounts that are sufficient to cover all risks associated with the performance of their services.

 

Gigs®

  • Sellers are allowed to post a select amount of active Gigs based on their Level status.
    • 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 Fluent Essays’ are User Generated Content.
  • Gigs and/or users may be removed by Fluent Essays’ 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
    • Services that extend beyond 30 days of service duration
    • Exceedingly low quality Gigs
    • Promoting Fluent Essays’ and/or Fluent Essays’ 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 may include pre-approved website URLs contained within the Gig description and requirements box. Gigs containing websites promoting content, which violates Fluent Essays Terms of Service and/or our Community Standards, will be removed.
  • Gigs are required to have an appropriate Gig image related to the service offered. An option to upload two additional Gig images are available to all Sellers. Sellers must deliver the same quality of service as shown on their Gig images. Recurring deliveries that don’t match the quality shown on the Gig images may lead to the Seller’s account losing Seller status or becoming permanently disabled.
  • Gigs may contain an approved Gig Video uploaded through the Gig management tools available on Fluent Essays’.
  • Statements on the Gig Page that undermine or circumvent these Terms of Service is prohibited.
  • Eligible Gigs in select Categories may set up Gig Packages to offer their services in structured formats with multiple price points for the selected Gig.
  • Certain categories are available only to Pro Sellers to create Gigs. If you are not a Pro Seller, creating a Gig for services available to Pro only may result in removal of your Gig.

Gig® Extras

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

Levels

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

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

Top Rated Sellers

  • Top Rated Sellers are chosen manually by Fluent Essays’ 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 beta features and VIP support.
  • Top Rated eligibility is constantly evaluated by Fluent Essays’ to ensure that the quality standards and expectations of the Top Rated selection is kept. Fluent Essays’ retains the right to change a Top Rated Seller status in light of such evaluation. In addition, Top Rated Sellers who cannot maintain their high quality service through a severe drop in ratings, stop delivering on time, increased cancellation rate or violate our Terms of Service and/or our Community Standards, also risk losing their Top Rated status and the benefits that come with it.

Pro Sellers

  • Pro Sellers are pre-verified professionals who undergo a vetting process by Fluent Essays’ editors. Applying for Fluent Essays’ Pro is open to everyone: professional freelancers who are new to Fluent Essays’, as well as existing Fluent Essays’ Sellers.
  • Pro Sellers eligibility is constantly evaluated by Fluent Essays’ to ensure that the quality standards and expectations of the Pro Seller selection is kept. Fluent Essays’ 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.

Fluent Essays’ Business Catalog

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

Seller Features

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

Custom Offer

  • Sellers can also send Custom Offers addressing specific requirements of a Buyer.
  • Custom Offers are defined by the Seller with the exact description of the service, the price and the time expected to deliver the service.
  • Custom Offers are sent from the conversation page.
  • Services provided through Custom Offers may not violate Fluent Essays’ Terms of Service and/or our Community Standards.
  • Project Milestones:
    • Custom Offers above $100 may include up to three project milestones. Each milestone is paid and delivered separately in accordance with each Custom Offer’s description and timelines.
    • A milestone 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 be cancelled.
    • Once a milestone is delivered, Buyers may choose to either continue with the Order and pay for the next milestone, or to stop the Order. Please note that if you choose to stop the Order, the current delivered milestone will not be cancelled.

Fluent Essays’ Studios

  • A Fluent Essays’ Studio allows certain Sellers to collaborate with each other and offer Buyers a multi-service Gig (a "Studio Gig").
  • Studio Lead: Certain selected Sellers may lead and operate Fluent Essays’ Studios as Studio Leads. Studio Leads are chosen manually by Fluent Essays’ editors through an ongoing review process based on seniority, volume of sales, high ratings, exceptional customer care, high order completion rate and more. The Studio Lead is responsible for inviting all Studio Members and managing all incoming Orders, from communicating with the Buyer, through handling any required revisions and until the final delivery. The Studio Lead can also remove Studio Members from Studio Gigs at any time. With respect to open Orders, however, Studio Members can be removed by Customer Support only.
  • Studio Members: A Studio Lead can invite other Sellers who were also chosen by Fluent Essays’ to be eligible for Studios collaboration (each, a "Studio Member") to join their Studio Gig and be assigned to a specific service. Studio Members can ask to be removed from a Studio Gig at any time.
  • Studio Gigs: A Studio Gig provides a bundle of services (from two services and up to five) within one Gig. A Studio Gig’s minimum price is US$100. As Studio Gig is comprised of several services, every service includes its own pricing, pricing factors, and a Studio Member / Lead that is accountable for such service, all of which is defined by the Studio Lead when creating the Studio Gig. Fluent Essays’ Studios may also offer Custom Offers.
  • Limitations: Each Fluent Essays’ Studio has one Studio Lead. Similarly, a Studio Lead may not operate more than one Fluent Essays’ Studio. A Fluent Essays’ Studio can offer up to five Studio Gigs, each comprised of up to four Studio Members in addition to the Studio Lead. Studio Members may not be assigned to more than three Studio Gigs.
  • Studio Gig Reviews: Studio Gig Buyers are able to leave a public review on the Studio Gig as if it were a regular Gig. The public buying rating & review is linked to and visible on the Studio Gig page, the Fluent Essays’ Studio itself (studio page), as well as all Studio Members and Studio Lead of that Fluent Essays’ Studio.

Fluent Essays’ Anywhere

  • Fluent Essays’ Anywhere is a feature that allows Sellers to send Custom Offers outside of Fluent Essays’.
  • Services offered through Fluent Essays’ Anywhere must comply with our Terms of Service and our Community Standards.
  • Users accessing and purchasing from a Fluent Essays’ Anywhere offer that are not already members of Fluent Essays’, will be required to register with Fluent Essays’ to create an Order.
  • Sellers are required to deliver proof of completion of services in the Order Page. Please see our Orders section for further details.
  • Communication for handling Orders should be performed on Fluent Essays’, through the Order Page. Users who engage and communicate off of Fluent Essays’ will not be protected by our Terms of Service.

Stock Images

  • Eligible Gigs have the option to use Stock Images.
  • “Stock Images” is a Gig Extra that allows Sellers to choose from an exclusive catalog of images as part of the final delivery of work.
  • Sellers earn 25% of revenue from the Stock Images Extra, for completed orders only.
  • Important: Each selected Stock Image is authorized for a one time use. The selected image is integrated with the delivered work only and not as a stand-alone or for recurring use. Sellers are unauthorized to share the original image file with the Buyer or any third party.
  • Important: If you cancel an Order that includes a Stock Image, the usage of that Stock Image will be cancelled as well and you will no longer be able to use the Stock Image Extra on the same Order.
  • All Stock Images are licensed by GettyImages®, who has full ownership and copyrights to the Stock Images provided on Fluent Essays’ and shall be responsible for all Stock Images and their quality.
  • When using Stock Images, you represent and warrant the following:
    • You may not sell, modify, re-use, re-sell, distribute, display, reproduce or make any other use of the Stock Images.
    • Stock Image(s) may not be used:
      • on a stand-alone basis with no other content;
      • for pornographic, defamatory or other unlawful purposes;
      • as templates used to create multiple copies of the same Gig;
      • for the purpose of enabling file-sharing of the image file; or
      • in logos, trademarks, service marks or any other branding or identifiers.
    • If Stock Images featuring individuals is used in connection with a sensitive, unflattering or controversial subject, you must include a statement that the image is used for illustrative purposes only and the individual is a model.
    • You may not activate the “right-click” function in Stock Images, remove any metadata in Stock Images, or reverse engineer, decompile, or disassemble the Stock Image(s) to enable the download or use Stock Images on a stand-alone basis.
    • No ownership or copyrights to Stock Images are granted to you.
  • Users can contact Fluent Essays’ customer support department for assistance here.

Shipping Physical Deliverables

Some of the services on Fluent Essays’ are delivered physically (arts and crafts, collectable items, etc.). For these types of Gigs, Sellers may decide to add shipping charges. Sellers can add shipping charges for local shipping (within the same country) and for international shipping (anywhere else).

  • Gigs that include shipping costs 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.
  • Fluent Essays’ 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 Fluent Essays’ platform.
  • Fluent Essays’ retains the right to use all publicly published delivered works for Fluent Essays’ marketing and promotional purposes.
  • Buyers may request a specific service from the Post a Request feature. Services requested on Fluent Essays’ must be an allowed service on Fluent Essays’. Please click herefor guidelines on approved services. Users should refrain from using the Post a Request feature for any purpose other than looking for services on Fluent Essays’.

Purchasing

  • Please refer to the Payment Termsfor making Payments through the Fluent Essays’ platform and to learn about fees and taxes.
  • In addition, Buyers can request a Custom Order which addresses specific Buyer requirements, and receive a Custom Offer from Sellers through the site or through Fluent Essays’ Anywhere.
  • You may not offer Sellers to pay, or make payment using any method other than through the Fluent Essays’.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 Fluent Essays’ order number (#FO).
  • Sellers must deliver completed files and/or proof of work using the Deliver Work button (located on the Order page) according to the service that was purchased and advertised on their Gig.
  • The Deliver Work button may not be abused by Sellers to circumvent Order guidelines described in these Terms of Service. Using the “Deliver Work” button when an Order was not fulfilled may result in a cancellation of that Order after review, affect the Seller’s rating and result in a warning to 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 Fluent Essays’ Customer Support department for assistance here. For more information about disputes, Order cancellations and refunds please refer to the Payment Terms.
  • Orders through the Logo Maker are completed once payment is made by the Buyer.

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. Fluent Essays’ 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 Fluent Essays’ 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 Fluent Essays’ platform from users within our Community. Purchases arranged, determined to artificially enhance Seller ratings, or to abuse the Fluent Essays’ 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.
  • Feedback reviews are unavailable for orders made through the Logo Maker.

Disputes and Cancellations

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

Fluent Essays’ Logo Maker

Fluent Essays’ Logo Maker allows certain Sellers to offer various original logo designs (each, a “Logo Design”) for Buyers to adjust and customize per their own specific needs, using special automated design tools. Through the Logo Maker, Buyers purchase full commercial use rights to the Logo Design embedded with their brand name.

Fluent Essays’ Logo Maker Sellers are chosen manually by Fluent Essays’ editors through an ongoing review process based on quality of designs, seniority, volume of sales, high ratings, exceptional customer care, high order completion rate and more.

  • By uploading a Logo Design to Fluent Essays’ Logo Maker you represent and warrant that it is your original work, you exclusively own all rights to such design, and it does not infringe any third party rights. You further warrant that such design was never sold before to anyone and that you will not offer it for sale outside of Fluent Essays’ Logo Maker.
  • We may use automated systems that analyze your uploaded Logo Design to help detect and prevent infringement or other illegal content.
  • We may limit the number of active Logo Designs you can offer.

Logo Design Commercial use license

When an order through the Logo Maker is completed, and subject to payment, the Seller grants the Buyer a worldwide, royalty-free, non-sublicensable, non-exclusive, irrevocable license to use the Logo Design embedded with the Buyer’s brand name for any purpose, except for any illegal, immoral or defamatory purpose. There is no warranty, express or implied, with the grant of this license, including with respect to fitness for a particular purpose. Neither the Seller nor Fluent Essays’ will be liable for any claims, or incidental, consequential or other damages arising out of this license, the Logo Design or the Buyers use of the Logo Design. For the avoidance of doubt, the Seller retains all ownership rights to the Logo Design, and no ownership or copyrights are granted to the Buyer.

User Conduct and Protection

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

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

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 Fluent Essays’ in order to circumvent or abuse the Fluent Essays’ messaging system or Fluent Essays’ platform is not permitted.
  • Any necessary exchange of personal information required to continue a service may be exchanged within the Order Page.
  • Fluent Essays’ 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.
  • Fluent Essays’ does not provide protection for users who interact outside of the Fluent Essays’ platform.
  • All information and file exchanges must be performed exclusively on Fluent Essays’ 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.
  • Fluent Essays’ is open to everyone. Discrimination against a community member based on gender, race, age, religious affiliation, sexual preference or otherwise is not acceptable and may result in the suspension/removal of your account.
  • Users may not submit proposals or solicit parties introduced through Fluent Essays’ to contract, engage with, or pay outside of Fluent Essays’.

Orders

  • Users with the intention to defame competing Sellers by ordering from competing services will have their reviews removed or further account status related actions determined by review by our Trust & Safety team.
  • Users are to refrain from spamming or soliciting previous Buyers or Sellers to pursue removing/modifying reviews or cancelling orders that do not align on Order Cancellation or Feedback policies.

Gigs

  • Users may report Gigs to Customer Support that may be in violation of Fluent Essays’ 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.
  • Fluent Essays’ will respond to clear and complete notices of alleged copyright or trademark infringement. Our Intellectual Property claims procedures can be reviewed here.

Reporting Violations

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

Violations

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

Non-Permitted Usage

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

Inappropriate Behavior & Language - Communication on Fluent Essays’ should be friendly, constructive, and professional. Fluent Essays’ 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 is 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 in 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 Fluent Essays’ will not be protected by our Terms of Service.

Authentic Fluent Essays’ Profile - You may not create a false identity on Fluent Essays’, misrepresent your identity, create a Fluent Essays’ 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. Fluent Essays’ 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 - Fluent Essays’ 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 Fluent Essays’ 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 account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the Fluent Essays’ community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations of Fluent Essays’ Terms of Service and/or our Community Standards is 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 Fluent Essays’. This includes creating new multiple accounts to harass members through our message or ordering system.

Selling Accounts - You may not buy or sell Fluent Essays’ accounts.

Proprietary Restrictions

The Site, including its general layout, design and content, is exclusively owned by Fluent Essays’ and protected by copyright and trademark law. Fluent Essays’®, Gig® and Gigs® are all registered trademarks owned exclusively by Fluent Essays’. 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 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) modify or create derivative works; (iv) remove any copyright notice, identification or any other proprietary notices, or; (v) 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. Users also agree not to permit or authorize anyone else to do any of the foregoing.

Feedback Rights

To the extent that you provide Fluent Essays’ with any comments, suggestions or other feedback regarding the Fluent Essays’ platform or the Site as a whole, as well as other Fluent Essays’ products or services (collective, the “Feedback”), you will be deemed to have granted Fluent Essays’ an exclusive, royalty-free, fully paid up, perpetual, irrevocable, worldwide ownership rights in the Feedback. Fluent Essays’ 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

  • Fluent Essays’ 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 Fluent Essays’ 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 Fluent Essays’.
  • 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 Fluent Essays’ dispute resolution tools ('Resolution Center' on the order page) or by contacting Fluent Essays’ Customer Support.
  • Fluent Essays’ may make changes to its Terms of Service from time to time. When these changes are made, Fluent Essays’ will make a new copy of the terms of service available on this page.
  • You understand and agree that if you use Fluent Essays’ after the date on which the Terms of Service have changed, Fluent Essays’ 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 Fluent Essays’ by our users (Buyers and Sellers) is User Generated Content. Fluent Essays’ 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 Fluent Essays’ 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, Fluent Essays’ is not responsible for the content, quality or the 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, and the Logo Designs created through the Logo Maker. We encourage users to take advantage of our rating system, our community and common sense in choosing appropriate services.

By offering a service, the Seller undertakes that he/she has sufficient permissions, rights and/or licenses to provide, sell or resell the service that is offered on Fluent Essays’. Sellers advertising online their Gig or Logo Design created through the Logo Maker must comply with laws and terms of service of the advertising platform or relevant website used to advertise. Failing to do so may result in removal of the Gig or Logo Design from the Logo Maker, 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 Fluent Essays’, 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, copyrights for the work delivered from the Seller, and the Seller waives any and all moral rights therein. The delivered work shall be considered work-for-hire under the U.S. Copyright Act. In the event the delivered work does not meet the requirements of work-for-hire or when US Copyright Act does not apply, the Seller expressly agrees to assign to Buyer the copyright in the delivered work. All transfer and assignment of intellectual property to Buyer shall be subject to full payment for the Gig and the delivery may not be used if payment is cancelled for any reason. For removal of doubt, in custom created work (such as art work, design work, report generation etc.), the delivered work shall be the exclusive property of Buyer, and Seller assigns all rights, title and interest in the delivered work. 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 the Voice Over to promote a product and/or service (with the exception of paid marketing channels), you will need to purchase the Commercial Rights (Buy-Out) through Gig Extra. If you intend to use the Voice Over in radio, television and internet commercials, you will need to purchase the Full Broadcast Rights (Buy-Out) through Gig Extra. For further information on the type of buy-outs, please read below.

Furthermore, users (both Buyers and Sellers) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to Fluent Essays’, including Gig texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by Fluent Essays’ 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 with a license to use the Voice Over for any corporate, promotional and non-broadcast purposes. Corporate, promotional and non-broadcast purposes means 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 Fluent Essays’ 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 Fluent Essays’ will be liable for any claims, or incidental, consequential or other damages arising out of this license, the delivery or your use of the delivery.

Gig Commercial Use License

By purchasing a “Commercial Use License” with your Gig Order, the Seller grants you a perpetual, exclusive, non-transferable, worldwide license to use the purchased delivery for Permitted Commercial Purposes. For the avoidance of doubt, the Seller retains all ownership rights. “Permitted Commercial Purposes” means any business related use, such as (by way of example) advertising, promotion, creating web pages, integration into product, software or other business related tools etc., and strictly excludes any illegal, immoral or defamatory purpose. This License is subject to Fluent Essays’ 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 Fluent Essays’ 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 WEBSITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER Fluent ESSAYS’ NOR ANY PERSON ASSOCIATED WITH Fluent ESSAYS’ MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE.

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

Machine Translation

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

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

Limitation on Liability

IN NO EVENT WILL Fluent ESSAYS’, 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 WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE 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 Fluent Essays’, where control means having more than fifty percent (50%) voting stock or other ownership interest or the majority of voting rights of such entity.