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Last update: November 2021

The following Flamingo Freelance Terms of Service (the “Flamingo Freelance Terms”) govern your access to and use of Flamingo Freelance, (“Flamingo Freelance”) by Flamingo Media, Inc. and its subsidiaries Flamingo Media, as applicable (collectively, “Flamingo”“we” or “us”) and “you” or “user” means you as a user of Flamingo Freelance Services. Our Freelance Services Platform: www.flamingo.global

Please read these Flamingo Freelance Terms carefully before you start using Flamingo Freelance. By using Flamingo Freelance, you, either individually or on behalf of your employer or any other entity which you represent (“you”), accept and agree to be bound and abide by these Flamingo Freelance  Services and Payment Terms (the “Payment Terms”), which is incorporated herein by reference. You further acknowledge, you have read and understood our Privacy Policy. If you don’t agree to our Terms or Privacy Policy, you shouldn’t access or use Flamingo Freelance Services, (“Our Services”).

In case you register or use Flamingo Freelance on behalf of your employer or another entity, you represent and warrant that you are authorized to bind your employer or such entity to these Flamingo Freelance Terms of Use/Privacy Policy and you agree to these Terms Of Use and Privacy Policy on their behalf.

There are various types of users on Flamingo Freelance Platform. Except where indicated otherwise, these Flamingo Freelance Terms apply to all users and the term “you” shall refer to the Client, Team and all types of users of the Flamingo Account.

Flamingo Freelance 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 Flamingo Freelance 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.

  1. Key Terms

Capitalized terms used but not defined herein shall have the respective meanings given to them in Flamingo Freelance general Terms of Service. (General Terms of Service)

“Gig”, “Gigs”, “gig”, “gigs” or “Services” are services offered on Flamingo Platform.

“Orders” are the formal agreements between a Client and Seller after a purchase was made from the Seller’s Gig/Service Page.

 

“Sellers” or “Freelancers” are users who offer and perform Services through Gigs or through the Logo Maker on Flamingo Freelance Platform.

  1. Flamingo Freelance and the User’s Account
    1. Flamingo Freelance is a freelance platform tailor-made for both Small entities and larger teams and businesses. Through Flamingo Freelance, businesses can create and manage collaborative Accounts in which Team Members may share Orders, use a shared payment method, track their project’s progress, and consolidate feedback all in one place.
    2. In order to access and use Flamingo Freelance, you must first register and create an account on Flamingo Freelance (“Account”). When opening an Account you represent and warrant that you are authorized to bind the Client to these Flamingo Freelance Terms and you agree to these Flamingo Freelance Terms on your behalf and on the Client’s behalf.
    3. The Client.Upon completion of your registration to Flamingo Freelance, the Account will be created for your organization. The term “Client” or “Buyer” shall refer to your organization, which can be any type of business (for example, LLCs, LLPs, corporations, partnerships, sole proprietorships, non-profit organizations). The Client shall be the sole and exclusive owner of the Account including any data, Orders and deliveries. In case of a dispute regarding the identity of the Client, Flamingo reserves the right to determine the identity of the Client at its sole discretion, whether or not an independent investigation has been conducted by us. However, if we cannot make such determination (as we may deem in our sole discretion), we reserve the right to avoid doing so and/or suspend the Account, without liability to you or to any other party. We reserve the right to request from you or the Admin any form of verification we deem necessary for this purpose.
    4. The first user opening a Flamingo Freelance Account will automatically become the administrator of the Account (“Admin”). Flamingo Freelance reserves the right to change the Admin of the Account at its sole discretion. Flamingo may request such information as it deems appropriate in order to change the identity of the Admin. If we believe (at our sole discretion) that we cannot change the identity of the Admin, we reserve the right to avoid doing so and/or suspend an Account, without any liability.
    5. Account members.There are various types of users in an Account (“Team Members”) and their permissions may vary. For the avoidance of doubt, all users in an Account, including Admins, are deemed Team Members.
      1. Team Members have access to information available in the Account and other Team Members, including Orders, purchases, deliveries made within the Account and information about other Team Members.
      2. When inviting other Team Members to an Account, such Team Members are authorized to use the Account on behalf of the Client, including the use of the shared payment method.
      3. By granting other Team Members permissions under an Account, you on behalf of the Client, represent and warrant that: (a) such Team Member is authorized to act on the Client’s behalf; and (b) you and/or the Client are fully responsible and liable for such Team Member’s acts and omissions, including for Orders and payments performed by other Team Members via the Account.
      4. If a Team Member is removed from an Account or if the Team Member deactivates their Team Member Account they will not be able to access the Account or otherwise register to Flamingo.
    6. By creating an Account or by joining an Account as a Team Member, Admin or otherwise, and creating a Team Member account (“Team Member Account”), you: (i) agree to provide us with accurate, complete, and current registration information; (ii) acknowledge that it is your responsibility to ensure that your password remains confidential and secure; (iii) agree that you are fully responsible for all activities that occur under your Account as well as your Team Member Account; and (iv) undertake to promptly notify us in writing if you become aware of any unauthorized access or use of your Account and/or your Team Member Accounts and/or any breach of these Flamingo Freelance Terms. The Client and you, jointly and severally, will be responsible and liable for any losses, damages, liability and expenses incurred by us or a third party, due to any unauthorized usage of the Account by either you or any other user or third party on your behalf.
    7. Closure and disabling of accounts.
      1. An Account can only be closed by the Client, or the Admin on Client’s behalf. Upon closure of an Account, all related Team Member Accounts should be removed from the Account.
      2. Flamingo reserves the right to put an Account or any Team Member Account on hold or permanently disable accounts should we notice any activity that we determine to be fraudulent or inappropriate (including by any Team Member), or due to breach of these Flamingo Freelance Terms, the General Terms of Service and/or our Community Standards, by the Account (including by any Team Member). Users with disabled accounts, i will not be able to sell or buy on Flamingo or otherwise use Flamingo as registered users.
    8. Subscription Fee, Term and Renewal
      1. Subscription Fee.In consideration for the provision of Flamingo Freelance, following a twelve (12) months free trial period (“Free Trial Period”), Client shall pay Flamingo an annual fee of 149 US Dollars for up to 50 Team Members (the “Subscription Fee” and “Subscription”, respectively). Client may upgrade the Subscription as detailed below. Flamingo reserves the right to change the Subscription Fees at any time, upon notice to Client and such change will enter into effect upon renewal.
      2. Non-cancelable and Non-refundable.The Subscription Fee is non-cancelable and non-refundable.
      3. Payment Method.Client hereby authorizes Flamingo to charge the Subscription Fees, upon due date, from Client’s Flamingo Balance or any other payment method selected by Client for this purpose (“Subscription Payment Method”).
      4. Subscription Term.Following the Free Trial Period, and subject to payment of the Subscription Fee, a 12 months paid subscription term will start automatically (the “Subscription Term”).
      5. Auto-Renewal.In order to ensure that Client will not experience any interruption, Client’s Subscription will automatically renew for additional 12 months periods, unless Client cancels its Subscription at least 30 days prior to its expiration.
      6. During the Subscription Term, Client may upgrade its Subscription by adding Team Members or make such other upgrades available on Flamingo Freelance from time to time (“Subscription Upgrade”). Upon a Subscription Upgrade, Client will be billed for the applicable increase in Subscription Fee, at Flamingo’s then-current rates.
      7. Discounts and Promotions.Unless expressly agreed otherwise, if Client received a special discount or other promotional offer, Client acknowledges that upon renewal of its Subscription, the Subscription will renew, at the full applicable Subscription Fee at the time of renewal.
      8. The Subscription Fee is exclusive of any and all taxes (including without limitation, value added tax, sales tax, excise, goods and services tax, etc.), levies, or duties, which may be imposed with respect to these Flamingo Freelance Terms.
      9. Any decline, chargeback or failure to collect Subscription Fee due by Client (“Chargeback”), will be deemed as a breach of Client’s obligations hereunder, and therefore (i) Flamingo may deduct such amount from the Flamingo Balance; and/or (ii) Client’s Account may be downgraded, disabled, or terminated (at Flamingo’s soles discretion) until payment of applicable Subscription Fees in full, including any fees and expenses incurred by us for each Chargeback received, without derogating from any other remedy that may be applicable to Flamingo.
    9. Purchasing On Flamingo
      1. Payments Terms.Please refer to the Payment Terms for making payments for Services ordered through the Flamingo marketplace and to learn about fees and taxes.
      2. Payment options.The following payments options are available for Account:
        1. Saved Payment Method - saved payment method, as made available from time to time by Flamingo;
        2. Flamingo Freelance Balance - a balance added in advance to the Account (“Flamingo Freelance Balance”).
      3. Unused Flamingo Freelance Balance.
        1. Flamingo will refund unused funds available on the Flamingo Freelance Balance within 30 days following the end of the month in which the Client requested the refund, and following a deduction of any cost and fee that may apply on Flamingo in the course of processing the refund. Flamingo will refund the same payment method used to deposit funds to the Account, or otherwise used to make payments via the Account, unless requested otherwise. Flamingo reserves the right to request such authentication information as it may deem necessary to process the refund request.
        2. Unused funds in the Flamingo Freelance Balance will expire after two years and nine months of inactivity in the Account.
      4. Budget Limitations and Payment Approval.Team Members may be subject to certain budget limitations or payment approvals, as may be defined by the Admin.
      5. The Admin will determine the payment currencies for all purchases made through an Account. For more information on local currencies, please refer to the Payment Terms.
      6. Invoices for purchases made by Team Members will be issued in the name of the Client.
      7. Non Circumvention.
        1. You agree to use Flamingo as your exclusive method to make payments for any Service ordered from Sellers, and not to circumvent the payment methods offered on Flamingo. This non-circumvention requirement applies to all Buyers, Clients, as well as all Team Members. Without derogating from the generality of the above, you may not offer or solicit (or accept any offer or solicitation from) any parties introduced through Flamingo to contract, engage with, or pay outside of Flamingo. You agree to notify Flamingo immediately if a Seller proposes that you make payments other than through the Site.
        2. You acknowledge and agree that a violation of this non-circumvention requirement is a material breach of the Flamingo Freelance Terms and may lead to a permanent suspension of the violating Account and/or Team Member Account.
        3. In light of the difficulties in measuring or estimating the damage which may be incurred by Flamingo as a consequence of any non-circumvention breach, you hereby agree to pay Flamingo liquidated damages in the amount of US$10,000 (the “Liquidated Damages“) if Flamingo determines, in its sole discretion, that you have violated this Non Circumvention Section. You acknowledge and agree that the Liquidated Damages are a reasonable approximation of such damages and do not constitute a penalty.
        4. Flamingo may, to the maximum extent permitted by law (i) charge your Flamingo Balance and/or payment method the Liquidated Damages or send you an invoice for the Liquidated Damages, which you agree to pay within 30 days, and (ii) charge you (in the same manner) for all reasonable expenses, including attorneys’ fees, related to investigating such breach and collecting such fees.
        1. An Order is completed after it is marked as “Delivered” and accepted by the Team Member who placed the Order or by another representative of the Client. 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”.
        2. Orders through the Flamingo Logo Maker are completed once payment is made by the Client.
        3. You may request a specific service from Freelancers using the “Post a Request” feature. Such a request can only be made for services allowed on Flamingo. Please click herefor guidelines on approved services. You should refrain from using the “Post a Request” feature for any purpose other than looking for services on Flamingo.
        4. A milestone (in an Order with milestones) is marked as Complete after it is delivered by the Seller and then accepted by the Team Member who placed the Order or by another representative of the Client. 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 by Client, Client may choose to either continue with the Order and pay for the next milestone, or to stop the Order. If Client does not pay for the next milestone within 10 days of acceptance of previous milestones, the Order of the next milestones will not Start. Please note that if you choose to stop future milestones, the current ordered milestone will not be cancelled.
        5. Clients may purchase a fixed term Gig Subscription, if available on the Seller’s Gig page. During the Gig Subscription term, a new Order of the same Gig will be automatically created on a recurring basis, as agreed between the Seller and Client. By purchasing a Gig Subscription, you authorize us to automatically charge Client for each Order under the Gig Subscription from your Flamingo Balance or saved payment method, as applicable. If you do not have any Flamingo Balance or a saved payment method, you will be requested to approve the payment prior to the next Order. In case a payment is not processed or made by Client, for any other reason, the Orders under the Gig Subscription will be cancelled. Client may also cancel future Orders under the Gig Subscription before payment is made for such future Orders. Once payment is made, Flamingo’s Order Cancelation policy under the Payments Termswill apply. Please note that Freelancers can cancel future Orders under the Gig Subscription 10 days prior to the next consecutive Order.
        6. We encourage Clients and Freelancers to try and settle Order conflicts amongst themselves using the Flamingo Resolution Center. If such efforts fail or if you encounter non-permitted usage by other users, you can contact Flamingo's Customer Support department for assistance here.
        7. For more information about disputes, Order cancellations and refunds please refer to the Payment Terms.
      8. Ownership rights
        1. Ownership and limitations.When purchasing a Gig/Service, unless clearly stated otherwise on the Freelancer's Gig/Service page/description, when the work is delivered, and subject to payment, the Client is granted all intellectual property rights, including but not limited to, copyright in the work delivered from the Freelancer, and the Freelancer waives any and all moral rights therein. Accordingly, the Freelancer expressly assigns to the Client the copyright in the delivered work. All transfer and assignment of intellectual property to the Client shall be subject to full payment for the Service, 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 and its copyright shall be the exclusive property of the Client and, upon delivery, the Freelancer agrees that it thereby, pursuant to these Flamingo Freelance Terms, assigns all right, title and interest in and to the delivered work to the Client.
          1. Some Gigs/Services (including for custom created work) may charge additional payments (through Gig/Services Extras) for a “Commercial Use License”. This means that if you purchase the Gig/Service 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/Service Extra and will have broader rights that cover your business use.
          2. By purchasing the "Commercial Use License", the Freelancer grants the Client a perpetual, exclusive, non-transferable, worldwide license to use the purchased delivery for Permitted Commercial Purposes. For the avoidance of doubt, the Freelancer 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. There is no warranty, express or implied, with the purchase of a Commercial Use License, including with respect to fitness for a particular purpose. Neither the Freelancer nor Flamingo 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.
        2. Voice Over Gigs/Services.Upon delivery of a work under a “Voice Over Gig/Services”, and subject to payment, the Client is purchasing basic rights, (which means the Client 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 the Client intends to use the Voice Over to promote a product and/or service (with the exception of paid marketing channels), the Client must purchase the Commercial Rights (Buy-Out) through Gig/Service Extra. If the Client intends to use the Voice Over in radio, television and internet commercials, the Client must purchase the Full Broadcast Rights (Buy-Out) through Gig/Service Extra. For further information on the type of buy-outs, please read below:
          1. When purchasing a Voice Over Gig/Service, the Freelancer grants the Client a perpetual, exclusive, non-transferable, worldwide license to use the purchased Voice Over (except for commercials, radio, television and internet commercial spots).
          2. By purchasing a Commercial Rights (Buy-Out) with the order, in addition to the basic rights, the Freelancer grants the Client 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.
          3. By purchasing a Full Broadcast Rights (Buy-Out) with the order, in addition to the Commercial Rights, the Freelancer grants the Client 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.
          4. There is no warranty, express or implied, with the purchase of any Buy-Out, including with respect to fitness for a particular purpose. Neither the Freelancer nor Flamingo 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.
        3. Logo Design Commercial Use License.When an order through the Logo Maker is completed, and subject to payment, the Freelancer grants the Client a worldwide, royalty-free, non-sublicensable, non-exclusive, irrevocable license to use the Logo Design embedded with the Client’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 Freelancer nor Flamingo will be liable for any claims, or incidental, consequential, or other damages arising out of this license, the Logo Design, or the Client’s use of the Logo Design. For the avoidance of doubt, the Freelancer retains all ownership rights to the Logo Design, and no ownership or copyrights are granted to the Client.
        4. Proprietary Restrictions.The Flamingo platform and the Flamingo Freelance service, including its general layout, design, and content, is exclusively owned by Flamingo and protected by copyright and trademark law. Flamingo®, Gig®, and Gigs® are all registered trademarks owned exclusively by Flamingo. 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.
        5. Feedback Rights.To the extent that you provide Flamingo with any comments, suggestions or other feedback regarding the Flamingo platform or Flamingo Freelance, as well as other Flamingo products or services (collective, the “Feedback”), you will be deemed to have granted Flamingo an exclusive, royalty-free, fully paid up, perpetual, irrevocable, worldwide ownership rights in the Feedback. Flamingo is under no obligation to implement any Feedback it may receive from users.
      9. Conduct in the Flamingo Freelance Marketplace
        1. User conduct. Flamingo maintains a friendly, community-spirited, and professional environment. Users should keep to that spirit while participating in any activity or extensions of Flamingo. You undertake to comply with the User Conduct and Protection section in the General Terms of Service found hereand with Flamingo’s Community Standards found here, which are a set of behavior rules and guidelines, applicable to the Flamingo community and marketplace in addition to these Flamingo Freelance Terms, each as may be updated from time to time.
          1. These Flamingo Freelance Terms, the General Terms of Service, and Flamingo’s Community Standards apply to all Team Members. If any Team Member violates any such terms and/or standards, it may affect other Team Members’ ability to use Flamingo, and Flamingo may suspend or close the Account and/or the applicable Team Member Account.
          2. To report a violation of the General Terms of Service and/or our Community Standards or any other user misconduct, please contact our Customer Support team 
        2. User-Generated Content ("UGC"). All content uploaded to Flamingo by users is UGC. Flamingo 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 Flamingo platform, you represent and warrant that you and/or the Client 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 Flamingo (including Flamingo Freelance) 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.
          1. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled.
          2. Furthermore, Flamingo is not responsible for the content, quality or the level of service provided by the Freelancers (even if they are Pro Sellers, Top Rated Sellers, offer Promoted Gigs/Services or otherwise). We provide no warranty with respect to the Gigs/Services, their delivery, any communications between Clients and Freelancers, 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.
          3. By offering a service, the Freelancer undertakes that he/she has sufficient permissions, rights and/or licenses to provide, sell or resell the service that is offered on Flamingo.
          4. For specific terms related to Intellectual Property rights and for reporting claims of copyright infringement (DMCA notices) or trademark infringement - please see our forms an integral part of these Flamingo Freelance Terms. Note that it is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
        3. Delivered Files. You are responsible for scanning all delivered files for viruses and malware. Flamingo Freelance will not be held responsible for any damages which might occur due to site usage, use of content or files transferred.

 

  1. Reviews/Feedbacks.
    1. Any Team Member can leave a review on Orders placed by him up to 10 days after an Order is marked as complete.
      1. For Studio Gigs/Services, you can leave a public review on the Studio Gig/Services as if it were a regular Gig/Services. The public buying rating & review is linked to and visible on the Studio Gig/Service page, the Flamingo Studio itself (studio page), as well as all Studio Members and Studio Lead of that Flamingo Studio.
      2. Feedback reviews are unavailable for orders made through the Logo Maker.
    2. Your reviews will be publicly displayed on a Seller’s Gig page.
    3. You also have the option to display your delivered work together with the review on Seller’s Gig page. Flamingo retains the right to use all publicly published delivered works and Logo Designs for Flamingo marketing and promotional purposes.

 

  1. Disclaimer of Warranties.

YOUR USE OF FLAMINGO, FLAMINGO FREELANCE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE FLAMINGO PLATFORM IS AT YOUR OWN RISK. FLAMINGO, FLAMINGO FREELANCE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE FLAMINGO PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER FLAMINGO NOR ANY PERSON ASSOCIATED WITH FLAMINGO 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.

 

  1. Limitation on Liability.

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

  1. General Terms
    1.  

Freelancers are obligated to treat any information received from the Client as highly sensitive, top secret and classified material. Certain information relating to Flamingo (including Flamingo Freelance) and features thereof may be disclosed to Team Members participating in a design partnership program for the purpose of providing feedback to us (“Design Partners”). This information is sensitive and of confidential nature and you shall not disclose it to anyone without our prior permission. Design Partners undertake to maintain such information in strict confidence, not disclose it to anyone, and not to use it for any purpose other than participating in the design partnership program. We may use any feedback provided to us about any of our services or products without any limitation and without any consideration. You on behalf of your employer or third party, grant us all rights, title, and ownership of such feedback. You will not acquire any rights or licenses in any of Flamingo’s services or in any of our IP through your provision of feedback to us.

  1. We may make changes to these Flamingo Freelance Terms from time to time. When changes are made, we will make a new copy of these Flamingo Freelance Terms available on this page. You understand and agree that if you use Flamingo Freelance after the date on which these Flamingo Freelance Terms have changed, your use will be considered as acceptance of the updated Flamingo Freelance Terms.
  2. Discontinuationof Flamingo Freelance. We may add, modify or discontinue any feature, functionality or any other tool, within the Flamingo Freelance service, or suspend Flamingo Freelance altogether, at our own discretion, at any time, and without further notice.
  3. 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.