This Agreement entered into between the Writer and Contents.com, contains the terms and conditions that apply to the Writer's use of the Platform (as defined below) offered by Contents.com at https://contents.com (Website) and https://contents.com (the Platform, the Services).
BY CLICKING ON THE "AGREE" BUTTON OR BY ACCESSING OR OTHERWISE USING THE SERVICES, THE WRITER DECLARES AND WARRANTS THAT IT IS DULY AUTHORIZED TO ENTER INTO AND BIND THE WRITER TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ACKNOWLEDGES AND AGREES THAT ALL SUCH USE BY THE WRITER IS SUBJECT TO SUCH TERMS AND CONDITIONS. IF THE WRITER DOES NOT AGREE TO THESE TERMS OR IS NOT AUTHORIZED TO, DO NOT CLICK THE "AGREE" BUTTON.
I - Account Registration
To register for the Services, you may register with a personal user account. You must provide accurate and complete information and keep your account information current. You must not select or use as a username a name: (a) of another person with the intent to impersonate that person; (b) subject to the rights of a person other than you without proper authorization; or (c) use a name that is otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs on your account and for the security of your account password.
You may never use another person's user account or registration information for the Services without permission. You must notify us immediately of any breach of security or unauthorized use of your account. You should never post, distribute, or publish the login information for your account.
Once you have registered, you will receive a validation email to activate your account. The user once logged in to the platform, will be able to take the proficiency test for acceptance into the platform. The test will be evaluated by the Contents staff who will send feedback via email.
In the event that the Author is approved by the Contents.com Staff, he/she will proceed with the completion of the forms in the personal details section, entering the email address associated with his/her PayPal or Payoneer account, which will allow him/her to receive compensation for their service. The procedure will end with the user signing the contract for the transfer of copyrights. In case of any rejection of the test article, the Author will no longer be able to register on the platform, not even with another account or nickname.
II - Platform license
Subject to the Author's full compliance with the terms and conditions of this Agreement, Contents.com grants Author a non-exclusive, non-transferable, non-sublicensable license to use Contents. com through which the Author may offer professional services to Clients, including but not limited to writing, editing, researching, translating, composing and/or creating graphics and/or other visual arts, and/or audio-visual recordings of any kind, and through which Clients may, at their discretion, purchase such content and all intellectual property rights therein (the Platform).
Except for the limited rights and licenses expressly granted to the Author herein, no other license is granted, no other use is permitted, and Contents.com (and its licensors) shall retain all rights, and interests (including all intellectual property and proprietary rights) in and to the Platform and Services.
Except as expressly permitted in this Agreement, the Author may not directly or indirectly (i) use any of Contents. com (as defined below) to create any service, software, documentation or data that is similar to any aspect of the Services, (ii) disassemble, decompile, reverse engineer or use any other means to attempt to discover any source code of the Platform, or the underlying ideas, algorithms or trade secrets, (iii) encumber, sublicense, transfer, rent, lease, time share or use the Services in any service bureau arrangement or otherwise for the benefit of any third party, (iv) copy, distribute, reproduce, adapt, create derivative works, translate, localize, port or otherwise modify any aspect of the Services, (v) use or permit the transmission, transfer, export, re-export or other transfer of any products, technology or information obtained or learned under this Agreement (or any direct product thereof) in violation of any export controls or other laws and regulations of the United States or any other relevant jurisdiction or (vi) permit any third party to engage in any of the foregoing prohibited acts.
III – Request and Submission of Articles
The Author must submit content to Clients in accordance with Client's instructions, deadlines, standards, and criteria. Submissions that violate the terms of this Agreement will be considered rejected. Article Requests dictate and control (i) the form, length and content of the Submissions requested, (ii) the amount of the fee to be paid in connection with each Submission (Project Fee), and (iii) whether Clients will acknowledge authorship or the Author's contribution to any Submission upon publication of such accepted Submission, and whether the Author may publicly acknowledge the same.
IV - Acceptance of Submitted Content
Clients are required to accept or reject the Author's Submitted Content or request any changes. The content submitted by the Author will be considered submitted from the date it is received by the Client.
The Client will retain the sole and exclusive right to reject the submitted content to the extent that such content does not comply with the instructions, deadlines, standards, or criteria dictated by the Client and indicated on the platform.
V - Acceptance / Rejection of Content by the Client
The Client is entitled to approve, request for review or reject content from the original content producer. We distinguish three types of service from the platform:
Service without revision: the client does not have the right to reject the article provided by the author or request revisions.
Revision service: the client can request a revision of the content up to a maximum of 3 times or ask for reimbursement.
Certified texts: the customer may request revision of the content up to a maximum of 3 times or ask for reimbursement.
From the moment of delivery, the author will have a time defined in the platform to complete and send the content to the client. In the event that the author does not complete the writing of the article within the deadline, the content will be automatically removed from the author and reassigned to new authors.
It will be the client's responsibility to provide the author with all the information needed to complete the article correctly.
The author agrees to follow the directions literally and meticulously using the guidelines provided by the client.
In the event that the article is rejected by the client, the author will not receive compensation for that article. Any rejection will be justified.
Once the order has been sent to the author, the customer will not be able to request changes to the content, except through a request to Contents.com, who will evaluate this possibility.
Once the order has been taken over by the author, the order cannot be changed.
VI - Revision Service
The Customer has the right to request corrections or improvements to the content, where provided in the purchased package. The Customer must specify the type of modification desired to be made to the content, the Author will have 24 hours to make the appropriate changes. The Customer will be able to approve or reject the improved content, in case of non-acceptance within 96 hours the content will be self-accepted by the system.
VII - Relationship between Author and Client
Contents.com acts as an intermediary between Client and Author, therefore:
The client is responsible for requesting content review and final acceptance of content.
The Author performs the activity of ghost writer as a freelancer. Receipts issued by Contents.com as a result of each payment must be handled by the Author according to his/her tax status.
VIII - Prohibition of plagiarism
Plagiarizing content is strictly prohibited. An Author who commits plagiarism immediately loses the content that will be assigned to other Authors. It is at the Staff's discretion to ban or not ban the author from the platform.
IX - Intellectual Property Rights
Upon receipt of payment, the Author irrevocably assigns, transfers, and conveys to the Customer all rights and interests in the submitted content. Intellectual Property Rights include all patent rights, copyrights, trademark rights, moral rights, publicity rights, privacy rights and any other intellectual property or similar rights anywhere in the world covering or incorporated in or relating to any content.
The Customer shall be the exclusive owner of the submitted content and related intellectual property rights and shall have the exclusive right to obtain registration of the content. No rights in the Submitted Content, or the copyright in the Submitted Content, will be retained by the Author, nor will there be any return of such rights to the Author in the future.
The rights and licenses granted herein include all rights in the Submitted Content, including, without limitation, the applicable Client's right to edit, crop, resize, retouch, alter, adapt, modify, create derivatives, distribute, make available online, in whole or in part, and allow others to engage in any of the foregoing activities, by any means now known or hereafter invented.
The Author consents to all uses and revisions of the submitted content and the proprietary rights therein and waives any moral rights or "droit moral" (including, but not limited to, any rights of attribution or integrity).
X - Confidentiality
The Author agrees that business, technical and financial information of Contents.com or any Client, which is designated in writing as confidential, or which is disclosed in such a manner that a reasonable person would understand the confidentiality of the information disclosed, shall be the confidential property of Contents.com or its Client as the case may be. The Author will maintain confidentiality and will not disclose any Confidential Information and will similarly bind its employees, consultants and independent contractors and will use Confidential Information only for the purpose for which it was disclosed.
XI - Author's Remuneration
The amount paid equals the sum of the texts written and accepted by the client. The payment of the author by Contents.com will take place 45 days after the end of the relevant month. The amount will be paid to the Paypal or Payoneer account indicated by the Author during registration upon reaching the minimum threshold of 50 € net.
The author will be able to view the amount corresponding to each article before taking charge of it. The amount is to be considered gross.
XII - Declarations and guarantees
Without limiting the foregoing, the Author must: (i) use real names throughout the work; (ii) disclose all potential conflicts of interest to Client before accepting a content request; (iii) pursue all avenues of investigation to report and write stories fairly and honestly; (iv) give credit and indicate sources, attributing each assertion, quote, fact and opinion, with full names, titles and links; (v) if a source wishes not to be named, explicitly explain this and discuss the ramifications of unnamed sources with the Client; (vi) keep promises made to the Client and sources, and protect confidential sources; (vii) disclose to sources the publication and brand that are sponsoring the requested content; (viii) always produce original work, never plagiarizing oneself or others, never repurposing old stories for new clients, and never taking shortcuts in any way; and (ix) deliver the submitted content on time and in accordance with the specifications of the requested content.
XIII - Other representations and warranties
The Author shall not (and shall not permit any third party to) take any action or upload, download, post, send or otherwise distribute or facilitate the distribution of any content, which: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual obligation; (ii) is false, misleading, untrue or inaccurate; (iii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive or fraudulent; (iv) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming") (v) contains software viruses or any other computer code, files or programs designed or intended to interrupt, damage, limit or interfere with the proper working of any software, hardware or telecommunications equipment or to damage or gain unauthorized access to any system, data, password or other information; (vi) uses user information for any reason without the prior express consent of the user who provided such information to the Author; (vii) impersonates any person or entity, including any employee or representative of Contents. com; or (viii) includes identifying documents or sensitive financial information about anyone.
XIV - Termination
Contents.com may terminate an Author's access to all or any part of the Services at any time, with or without notice. Likewise, the Author has the option to terminate his or her account by following the instructions on the Website or through the Services.
You may terminate or suspend access to the Services permanently or temporarily for any of the following reasons:
Violation of any provision of these terms and conditions of use or any applicable law or regulation.
Failure to verify or authenticate the information you provide when you register.
You may be asked to stop using the service and may be asked to delete your account and data as per the Data Protection Regulation and risk assessment under GDPR 679/2016 at any time. The user entrusts Contents.com with the responsibility of the eventual cancellation of his membership. Following the cancellation, it is strictly forbidden to make a new registration to the platform by the same user, while having a different account or nickname.
XV - Disclaimer of Warranty
THE SERVICES ARE PROVIDED BY Contents. com "AS IS," "AS AVAILABLE," AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY IMPLIED BY ANY COURSE OF PERFORMANCE OR COMMERCIAL USE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED BY Contents. com. AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND PARTNERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR PLACE; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF THE USE OF THE SERVICES WILL MEET THE AUTHOR'S REQUIREMENTS.
XVI - Indemnification
The Author shall defend, indemnify, and not hold liable Contents. com and its Customers and their respective affiliates and each of their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims and expenses, including reasonable attorneys' fees, arising out of or relating to (i) Author's use or misuse of, or access to, the Services, (ii) Author's Submissions, (iii) Author's violation of this Agreement, or (iv) the infringement by the Author, or any third party using the Author's account or identity in the Services, of any intellectual property or other right of any person or entity. Contents.com and its Clients, as applicable, reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Author, in which case the Author will assist and cooperate with Contents.com and such Client in asserting any available defenses.
XVII - Limitation of liability
In no event shall Contents. com, nor any of its directors, employees, agents, partners or suppliers, shall be liable in contract, tort, strict liability, NEGLIGENCE OR ANY OTHER LEGAL OR EQUAL THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOSS OF PROFITS, LOSS OF DATA, COST OF APPROVING SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGIN), OR (III) FOR ANY DIRECT DAMAGES THAT EXCEED (IN THE AGGREGATE) THE AMOUNTS PAID HEREUNDER IN THE SIX (6) MONTHS PRECEDING THE CLAIM.
XVIII - Modifications
Contents.com reserves the right, in its sole discretion, to modify this Agreement, or change, suspend, or discontinue the Services (including, without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Website or by sending the Author a notice through the Services, by email, or by other appropriate means of electronic communication. Contents.com may also impose limits on certain features and services or restrict Author's access to parts or all of the Services without notice or liability. Author's continued use of the Services after notice of any changes to this Agreement constitutes acceptance of such changes.
XIX - Entire Agreement
This Agreement constitutes the entire agreement between Author and Contents.com with respect to the Services, including use of the Website, supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between Author and Contents.com with respect to the Services.
XX - Severability
If any provision of this Agreement is held to be unenforceable or invalid, such provision shall be limited or eliminated to the minimum extent necessary so that this Agreement otherwise remains in full force and effect and enforceable. The failure of either party to exercise any right hereunder shall not be deemed a waiver of any further right under this Agreement.
XXI - Force Majeure
Contents.com will not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond its reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
XXII - History
This Agreement is personal to the Author and is not assignable, transferable or sublicensable except with the prior written consent of Contents.com. Contents.com may assign, transfer or delegate any of Contents.com's rights and obligations under this Agreement without consent.
XXIII - Advertising
Contents.com reserves the right to use, publish and otherwise disseminate the Author's name, title, logo and image in Contents.com's marketing materials and on the Website or Platform, for promotional purposes and any other lawful purpose. Contents.com shall have no obligation to use, publish or otherwise disseminate the Author's name, profile, logo or image, in any medium and for any purpose.
XXIV - No Agency
It is the express intention of the parties to this Agreement that the Author is an independent contractor, and is not an employee, agent, joint venture, or partner of either Contents.com or the Client (unless the Author has a separate written agreement with the Client governing the terms of their employment relationship). Nothing in this Agreement shall be construed as creating or establishing an employment relationship between Contents.com and the Author or between any Client and Author.
Without limiting the foregoing, the Author is not and will not be treated as an employee of Contents.com or Client for tax, government, or unemployment insurance purposes, or for any other purpose. Author shall be responsible for reporting, filing and paying any and all national, state and local taxes, including but not limited to income taxes, and unemployment taxes incidental to the performance of this.
XXV - Notices.
Unless otherwise specified in this Agreement, all notices under this Agreement shall be in writing and shall be deemed to be duly given when received, if delivered personally or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day after mailing, if sent for next day delivery via a recognized overnight delivery service. Electronic notifications must be sent to email@example.com.
XXVI - No Waiver
Contents.com's failure to enforce any part of this Agreement shall not constitute a waiver of Contents.com's right to later enforce that or any other part of this Agreement.
XXVII - Third Party Beneficiaries
The parties acknowledge that the covenants set forth in this Agreement are intended solely for the benefit of the parties to this Agreement and their permitted successors and assigns. Nothing herein, whether express or implied, shall confer upon any person or entity, other than the parties hereto, their successors and permitted assigns, any legal or equitable right to enforce any provision of this Agreement. Notwithstanding the foregoing, all Contents.com Customers are intended as third-party beneficiaries of this Agreement and are entitled to enforce such rights directly against the Author.
XXVIII - Titles
The section and paragraph headings in this Agreement are for convenience only and shall not affect their interpretation.
If you have any questions or concerns, please write to firstname.lastname@example.org.