Effective January 14, 2021
- JOINER Services Accounts
- Licenses and Third-Party Content
- JOINER’S Provision of the Site and Limited Site License
We try to keep our Site and the Site Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. In fact, we might even stop providing the Site or Site Services completely or stop providing certain features without notice.
- Termination of the Limited License
JOINER may terminate any license it has granted to any Site Visitor or User to access the Site and Site Services by providing notice. JOINER terminating the license is effective immediately upon JOINER providing such notice.
- JOINER’S Intellectual Property
JOINER and our licensors retain all right, title, and interest in and to all Intellectual Property Rights related to the Site and the Site Services. The JOINER logos and names are registered trademarks of JOINER. All other product names, company names, marks, logos, and symbols on the Site or Site Services may be the trademarks of their respective owners.
Nothing in the Terms of Service grants you a right to use any JOINER trademarks.
- Your Intellectual Property
- Your Obligations and Your Indemnification of JOINER
When you post User Content on the Site or through the Site Services, or provide JOINER with User Content, you understand and acknowledge that you are solely responsible for such User Content. Further, you represent and warrant that you have the right, power, and authority to (i) post that User Content without violating the rights of third-parties, and (ii) grant the licenses specified.
The poster of User Content, and not JOINER, is responsible for any User Content including any harms caused to you, another User, or a third-party by such User Content.
You will indemnify, defend, and hold harmless JOINER, our Affiliates, and our respective members, directors, officers, employees, representatives, and agents (each an “indemnified party”) from all claims, damages, liabilities, costs, losses, and expenses (including, reasonable attorney fees) arising from or relating to any claim, suit, proceeding, demand, or action brought by you or a third-party or other User against an indemnified party relating to or arising out of User Content you post.
- Your Rights and License to JOINER and Other Site Visitors
You retain ownership rights in any User Content you post on the Site or Site Services. To the extent permitted by applicable law, you also grant to JOINER and Affiliates a royalty-free, sub-licensable, transferable, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and likeness as contained in your User Content, in whole or in part, and in any form, media, or technology, whether now known or subsequently developed, for use in connection with the Site and JOINER’s, and Affiliates’ businesses, including, without limitation, for promoting and redistributing part or all of the Site (and derivative works of it) in any media formats and through any media channels.
- Your Comments and Ideas
You may submit comments or ideas about the Site and Site Services, including how to improve the Site or Site Services (collectively, “Ideas”). If you submit any Ideas: (i) your disclosure is voluntary, gratuitous, unsolicited, and without restriction, and it will not place JOINER under any fiduciary or other obligation, (ii) your Ideas do not contain the confidential or proprietary information of third-parties, and (iii) you grant us a perpetual and royalty-free license to use the Ideas without any additional compensation to you and to disclose the Ideas on a non-confidential basis or otherwise to anyone. By accepting your submission, JOINER does not waive any rights to use similar or related ideas, including those known or developed by JOINER or obtained from sources other than you.
- Third-Party Intellectual Property
Any information or made available by a third-party or any other Site Visitor or User is owned by the respective author(s) or distributor(s) and not of JOINER. JOINER neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on the Site by anyone other than JOINER’s authorized agents acting in their official capacities.
The Site may contain links to third-party websites. The Site may also contain applications that allow you to access third-party websites on the Site. Such third-party websites or applications are owned and operated by the third-parties or their licensors. The inclusion of any link or application on the Site does not imply that we endorse the linked site or application. You use the links and third-party websites at your own risk and agree that your use of an application or third-party website accessed on the Site is on an “as is” and “as available” basis without any warranty for any purpose.
- Complaints About Copyright Content on the Site
JOINER is committed to complying with U.S. copyright and related laws and requires all Site Visitors and Users to comply with these laws. Accordingly, you may not use the Site to store, or disseminate any material or content in a manner that infringes third-party intellectual property rights, including rights granted by U.S. copyright law.
- Permitted Site Uses
JOINER offers the Site and Site Services for your business purposes only and not for personal, household, or consumer use. JOINER makes the Site and Site Services available for Users to find one another, enter into service relationships, make and receive payments through JOINER, and receive and provide Contractor Services. In addition, certain Visitor Site services may be used to obtain general information and articles that we believe may be of interest to Site Visitors and Users. While we try to ensure that any information we post is both timely and accurate, errors may appear. We do not make any representations or warranties with respect to information posted on the Site by us or anyone else. Content should not be relied on or construed as tax or legal advice or otherwise. You should independently verify the accuracy of any content.
- Prohibited Site Uses
You may not use, or encourage, promote, facilitate, instruct, or induce others to use, the Site or Site Services for (i) activities that violate any law, statute, ordinance, or regulation, (ii) any purpose that is harmful to others, or (iii) transmitting, storing, displaying, distributing, or otherwise making available content that is illegal, fraudulent, or harmful to others.
- Examples of Prohibited Uses of the Site
The following are examples of uses that are prohibited on the Site or when using the Site Services:
- Seeking, offering, promoting, or endorsing services, content, or activities that:
- are defamatory, illegal, profane, vulgar, threatening, unlawfully discriminatory, illegal, pornographic, obscene, or sexually explicit;
- would violate the intellectual property rights, of another person, entity, service, product, or website;
- would violate (i) JOINER’s Terms of Service, (ii) the terms of service of another website or any similar contractual obligations, or (iii) the academic policies of any educational institution;
- regard the creation, publication, or distribution of “fake news”, “hoax news”, Deep Fake content or similar content, which is, in JOINER’s sole discretion, determined to be intended to mislead recipients for personal, financial, political or other gain or advantage;
- Refence any escort services, prostitution, or sexual acts; or
- are harassing toward another person based on the person’s inclusion in a protected class as defined by applicable law;
- Fraudulent or misleading uses or content, including:
- fraudulently billing or attempting to fraudulently bill any Client, including by (i) falsifying or manipulating the hours, (ii) or otherwise billing Clients for time that was not actually worked, or (iii) reporting, recording, or otherwise billing hours worked by another person as hours worked by you in a way that is misleading;
- misrepresenting your experience, skills, or information, including by representing another person’s Profile, or parts of another person’s Profile, as your own;
- using a Profile photo that misrepresents your identity or represents you as someone else;
- impersonating any person or entity, including, but not limited to, a JOINER representative, or falsely stating or misrepresenting your affiliation with a person or entity;
- falsely stating or implying a relationship with another User, including an agencycontinuing to use a Profile or information after you no longer work with the agency;
- falsely attributing statements to any JOINER representative, forum leader, guide or host;
- falsely stating or implying a relationship with JOINER or with another company with whom you do not have a relationship;
- allowing another person to use your account; or
- falsely stating that one Contractor will perform the work on a job when another will in fact perform the work, including submitting a proposal on behalf of a Contractor that is unable, unwilling, or unavailable to do the work;
- Expressing an unlawful preference in a job post or proposal or otherwise unlawfully discriminating on a protected basis;
- Posting identifying information concerning another person;
- Spamming Users with proposals or invitations, by making unsolicited contact of Users off the JOINER platform, or by posting the same job multiple times so that more than one version remains active at a given time;
- Making or demanding bribes or other payments without the intention of providing services in exchange for the payment;
- Requesting or demanding free services, including requesting Contractors to work on a Project for very little or no money;
- Requesting a fee before allowing a User to submit a proposal;
- Manipulating or misusing the feedback system, including by:
- withholding payments or Work Product or engaging in other conduct for the purpose of obtaining positive feedback from another User;
- coerce another User by threatening to give negative feedback;
- expressing views unrelated to the work, such as political, religious, or social commentary, in the feedback system;
- providing anything of value to a person (including to a third-party who assists in obtaining feedback) or using any service of any type to obtain feedback; or
- offering services for the sole purpose of obtaining positive feedback of any kind;
- Duplicating or sharing accounts;
- Transferring an account to another person without JOINER’s consent;
- Sharing or soliciting Means of Direct Contact with or from another User either directly through messages or by including them in a job post, Profile, proposal or other User Content before to entering into a Service Contract;
- Directly advertising or promoting another website, product, or service or soliciting other Users for other websites, products, or services, including advertising on JOINER to recruit Contractors or Clients to join an agency or another website or company;
- Interfering or attempting to interfere with the proper operation of the Site or Site Services or any activities conducted on the Site, including by:
- bypassing any measure we use to prevent or restrict access to the Site or any subparts of the Site, including, without limitation, features that (i) prevent or restrict use or copying any content, or (ii) enforce limitations on use of the Site or its content;
- attempting to interfere with or compromise the system integrity or security or decipher any transmissions to or from the servers running the Site;
- using any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission;
- attempting to or interfering with or compromising the system integrity or security or deciphering any transmissions to or from the servers running the Site;
- collecting or harvesting any personally identifiable information, including Account names, from the Site;
- attempting to or imposing an unreasonably large load (as determined in JOINER’s sole discretion) on the Site’s infrastructure; Introducing any invalid data, virus, worm, or other harmful or malicious software code, agent, hidden procedure, routine, or mechanism through or to the Site that is designed to or known to cause to cease functioning, disrupt, disable, harm, or otherwise impair in any manner, including aesthetic disruptions or distortions, the operation of (or to allow you or any other person to access or damage or corrupt data, storage media, programs, equipment, or communications or otherwise interfere with operations of or on) the Site or any software, firmware, hardware, computer system, or network of JOINER or any third-party;
- accessing or attempting to access the Site or Site Services by any means or technology other than the interface provided; or
- framing or linking to the Site or Site Services except as permitted in writing by JOINER.
- Conduct or actions that could jeopardize the integrity of or circumvent the Site, Site Services, or JOINER’s proprietary information, including:
- reverse engineering, modifying, adapting, translating, preparing derivative works from, decompiling, interfering with the operation of, or otherwise attempting to derive source code from any part of the Site or Site Services unless expressly permitted by applicable law or JOINER; or
- accessing or using the Site or Site Services to build a similar service or application, identify or solicit JOINER Users, or publish any performance or any benchmark test or analysis relating to the Site.
- Reporting and Correcting Violations
“Affiliate” – Any entity that, directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with JOINER.
“Client” – Any authorized User utilizing the Site or Site Services to seek or obtain Contractor Services, including from another User.
“Deep Fake” – Media that is altered to replace a person in an existing image or video with someone else’s likeness in a realistic manner without permission or authorization of the person whose likeness is used.
“Contractor” – Any authorized User utilizing the Site or Site Services to advertise or provide Contract Services to Clients.
“Contractor Services” – All services performed for or delivered by Contractors.
“Intellectual Property Rights” – All patent rights, copyright rights, mask-work rights, moral rights, rights of publicity, trademark, trade-dress and service-mark rights, goodwill, trade-secret rights, and other intellectual-property rights as may now exist or subsequently come into existence, and all applications for them and registrations, renewals, and extensions of them, in each case, under the laws of any state, country, territory, or other jurisdiction.
“Means of Direct Contact” – Any information that would allow another person to contact you directly, including, without limitation, phone number, email address, physical address, a link to a contact form or form requesting contact information, any link to an applicant-management system or means to submit a proposal or application outside of the Site, or any information that would enable a user to contact you on social media or other website or platform or application that includes a communications tool, such as Teams, Skype, Zoom, Slack, Wechat, or Facebook.
“Public Site Services” – All services and applications that are accessible by any Site Visitor who has not become a User through the Site, to the extent they are accessible by a Site Visitor who has not become a User.
“Site” – Collectively, our website located at www.JoinerServices.io and applications, including mobile websites.
“Site Services” – All services and applications that are accessible through the Site, including the Public Site Services.
“Site Visitor” – Someone who views the Sites public pages but is not registered with JOINER.
“User” – Someone who registers on the Site either as a Client or Contractor.
“User Content” – Any comments, remarks, data, feedback, content, text, photographs, images, video, music, or other content or information that you or any Site Visitor or User post to any part of the Site or provide to JOINER, including such content or information that is posted as a result of questions.
“You” – Any person who accesses our Site, including a Site Visitor or User and including any entity or agency on whose behalf any such person accesses or uses our Site.
“Work Product” – Any tangible or intangible results or deliverables that Contractor agrees to create for, or actually delivers to, Client as a result of performing the Contractor Services.