Welcome to TheEditorsCollective.com, provided to you by The Editors Collective, Inc. ("The Editors Collective", "we" or "us"). This website is an online platform through which "freelancers" can create, collate and display a professional profile to make themselves available to "managers" who hire from the website (the "Service"). Both freelancers and managers shall be deemed "Users" for the purposes of this Agreement.
1. SERVICE TERMS AND LIMITATIONS1.1 Description
1.1.1 Intellectual Property. The Service is proprietary to The Editors Collective and is protected to the maximum extent permitted by copyright laws and international intellectual property treaties. Any and all content, documentation, text, software, images, photos, video, graphics, and music, sound or other multimedia ?les or materials (collectively, the “Content”) that is displayed on or transmitted via the website is protected by copyright as a collective work and/or compilation, pursuant to United States copyrights laws and international conventions, and all right, title and interest in and to such collective work and/or compilation shall vest with The Editors Collective. Any reproduction, modi?cation, or creation of derivative works based on the Service (or any portion thereof) without the express written consent of The Editors Collective is prohibited. Any redistribution, retransmission or publication of any copyrighted material without the express written consent of the copyright owner is prohibited. You may not use any The Editors Collective logo or any other proprietary graphic or trademark without our express written consent. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the website. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, transfer or exploit for any commercial purposes, any aspect of the website. The Editors Collective™ is a trademark of The Editors Collective, Inc.
1.1.2 License. You agree to grant (or warrant that the owner of such Content has expressly granted) The Editors Collective a perpetual, irrevocable, non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, copy, reproduce, redistribute, modify, adapt, publish, edit, translate, transmit, create derivative works of, publicly perform or display any Content you display or transmit via the website, alone or as part of other works in any form, media or technology, whether now known or hereafter developed.
1.2.1 Your Account. In order to access the website, you are required to register for an Account. The Editors Collective agrees to provide you with a personal, non-transferable Account enabling you to access and use the website. In consideration for your Account, you hereby agree to: (a) provide true, accurate, current and complete information about yourself when registering for your Account; (b) maintain and promptly update your Account to keep it true, accurate, current and complete; and (c) comply fully with the terms and conditions of this Agreement. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your Account and refuse future use of the Service. The Editors Collective may, at its sole discretion and at any time, disallow the use of certain usernames.
1.2.2 User Representations. You represent and warrant that: (a) you are at least eighteen (18) years of age and have the power and authority to enter into this Agreement; (b) all information provided by you to The Editors Collective is true, accurate and complete; (c) you own, or have the necessary consent to disseminate, all Content that you upload to the Website; and (d) you shall comply fully with the terms and conditions of this Agreement.
1.3 Fee Policy. Currently, Users may create a “freelancer” Account for free. However, The Editors Collective charges a subscription fee for the use of “manager” Accounts. We will notify Account holders if/when a change is made to their subscription.
Subscription Fee Options:
GIG POST: $50 for a single listing
MONTHLY: $99 per month, or $999 if you pay for the entire year in advance (a $189 savings)
You will not receive any noti?cations or reminders from The Editors Collective about renewing your subscription. If you elect the “MONTHLY” subscription option, your subscription will automatically renew each month or year, as applicable, unless you cancel your subscription prior to your auto-renewal date by clicking on the “Cancel Subscription” button, which can be found under “Billing Settings” on your “Account Settings” page, and following instructions.
Cancellation Policy: To cancel your subscription, you must click on the “Cancel Subscription” button, which can be found under “Billing Settings” on your “Account Settings” page, and follow the instructions. This is the only effective means of assuring that your subscription has been cancelled. Upon cancellation, you may be eligible for a partial or full refund provided that you have (a) cancelled your subscription in a timely matter and otherwise in accordance with the provisions of this Agreement and (b) requested a refund within ?ve (5) days after such cancellation by contacting support@TheEditorsCollective.com with the subject “Refund Request.”
For “SINGLE” subscriptions, No refunds will be issued thereafter.
For “MONTHLY” subscriptions, you will be entitled to a full refund if you cancel your subscription within 24 hours of initiating your subscription. If you cancel between 24 and 30 days, you will only be charged $99. No refunds will be issued thereafter.
If you are found to be in violation of this Agreement, you shall not be entitled to any refund whatsoever.
1.4 User’s Agreement; Restrictions. You agree to: (i) maintain the security of your User identi?cation, password and other Account information; (ii) be solely responsible for the security, con?dentiality and integrity of all messages and Content you disseminate, transmit or store on the website; (iii) be responsible for the payment of all charges resulting from the use of your Account, including any unauthorized use prior to your notifying us in writing of such unauthorized use and taking steps to prevent its further occurrence (e.g., by changing your password); (iv) comply with all applicable U.S. and international laws, statutes, ordinances, rules, regulations; and (v) comply with the terms and conditions of this Agreement. You may not, in whole or in part, without obtaining the express written consent of The Editors Collective and/or the copyright owner, as applicable, (a) copy, modify, translate, reverse engineer, decompile, disassemble or create derivative works based on the Content; (b) distribute (except, if you are a “manager” User, for the purposes of reviewing a “freelancer” User’s suitability for a job for which you are hiring) or otherwise transfer rights to, or in any way exploit, the Content; or (c) alter or remove any proprietary notices or labels on the Content or from the website.
1.5 Accessibility. You acknowledge and accept that from time to time the website may be inaccessible or inoperable for any reason, including, without limitation, equipment malfunctions, periodic maintenance or repairs, and/or causes beyond our control or which are not reasonably foreseeable.
2.1 Disclaimer of Warranties. YOU AGREE THAT YOUR USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE SERVICE IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, The Editors Collective DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE WEBSITE. The Editors Collective EXPRESSLY DISCLAIMS ANY WARRANTIES FOR ANY SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE. The Editors Collective CANNOT AND DOES NOT WARRANT AGAINST HUMAN AND MACHINE ERRORS, OMISSIONS, DELAYS, INTERRUPTIONS OR LOSSES, INCLUDING LOSS OF DATA. The Editors Collective CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE WEBSITE WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER MALICIOUS CODE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
2.2 Disclaimer of Third Party Information; Con?dentiality. Statements made in websites, newsgroups, message boards, e-mail, forums, conferences and chats re?ect only the views of their authors. Forum managers, forum hosts, content providers, or merchants appearing on the website are not authorized The Editors Collective spokespersons, and their views do not necessarily re?ect those of The Editors Collective. Any statements or other communications which you make or post on any public area of the website shall be deemed non-con?dential.
3. ONLINE COMMUNICATIONS
3.1 User Submissions. You may post and submit information, communications, and/or upload ?les, images and links (collectively, the “User Submissions”) on the website through your Account. Your participation in online communications occurs in real time and is not edited, censored, or otherwise controlled by The Editors Collective. We do not screen content provided by you to the website. Notwithstanding the foregoing, we reserve the right to monitor and remove content which we, in our sole discretion, determine to be (i) abusive, libelous, defamatory or obscene; (ii) fraudulent, deceptive, or misleading; (iii) in violation of a copyright or trademark, other intellectual property right of another; or (iv) offensive or otherwise unacceptable. By posting User Submissions on the website, you acknowledge, represent and warrant that: (a) your User Submissions are original, or that you have the necessary consent to submit such User Submissions; (b) your User Submissions do not contain con?dential or proprietary information, and The Editors Collective is under no duty of con?dentiality, express or implied, with respect to your User Submissions; (c) The Editors Collective may use or disclose all or any portion of such User Submissions at any time, for any purpose, in any manner or media; (d) The Editors Collective may have conceived of and/or developed something similar to the User Submissions prior to learning of your User submissions; (e) you are not entitled to any compensation or reimbursement of any kind from The Editors Collective; and (f) you shall have no recourse against The Editors Collective for any alleged or actual infringement or misappropriation of
3.2 User Restrictions. You are responsible for your User Submissions, and your use of the website. You may not, under any circumstances, do any of the following: (a) use simultaneous, unattended or continuous connections to the website with one account; (b) post or transmit any message which is libelous or defamatory; (c) post or transmit any message, data, image or other content which is unlawful, discriminatory, indecent, obscene or pornographic; (d) post or transmit any message which is harmful, threatening, abusive or hateful; (e) post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other con?dential proprietary information, and trademarks or service marks used in an infringing fashion; (f) use the website to threaten, harass, stalk, abuse, or otherwise violate the legal rights (including rights of privacy and publicity) of others; (g) solicit login information or access an Account other than your own; (h) intercept or attempt to intercept e-mail or other private communications not intended for you; (i) post or transmit unauthorized and/ or unsolicited commercial communications (such as spam) from or to the website; (j) send unsolicited e-mail messages through third-party mail servers in order to relay your e-mail or hide the origination of your e-mail to others; (k) upload or download ?les that contain software or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless you own or control the rights to such ?les or have received all necessary consents; (l) upload viruses, malicious code or corrupted data to the website; (m) delete any author attributions, legal notices or proprietary designations or labels in a ?le that you upload to the website; (n) falsify the source or origin of software or other material contained in a ?le that you upload to the website; (o) access the website to collect Content or other User information using automated means such as harvesting bots, robots, spiders, or scrapers; (p) do anything that could disable, overburden, or impair the website, such as a denial of service attack; (q) use, download, copy or otherwise provide to any third party the User directory or any portion thereof (except as otherwise expressly permitted by this Agreement); (r) falsely purport to be an employee or agent of The Editors Collective; (s) act, or fail to act, in a manner that is contrary to applicable law or regulation with respect to your use of the website; or (t) engage in any other activity reasonably deemed to be in con?ict with the spirit or intent of this Agreement.
5. OTHER WEBSITES
You are encouraged to use discretion while browsing the Internet using links initiated at the website. These links may lead to sites containing information that some people may ?nd inappropriate or offensive. They may also lead to sites which contain inaccurate information, false or misleading advertising, or information which violates copyright, libel or defamation of other such laws. The Editors Collective makes no representations concerning any effort to review all of the content of sites linked or listed on the website.
6. DEALINGS WITH THIRD PARTIES
Your participation, correspondence or business dealings with any third party found on or through the website, whether related to the delivery of goods or services in exchange for payment or otherwise, and any terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. The Editors Collective makes no representations concerning such dealings. You acknowledge and agree that The Editors Collective is not a party to any such dealings and shall not be responsible or liable for any loss, damage or other matters resulting therefrom.
You agree to indemnify, defend and hold harmless the editors collective, its officers, directors, employees, agents, affiliates, subsidiaries, successors, assigns, information providers and suppliers (collectively, the “wnw parties”) from and against all claims, losses, demands, damages, costs and expenses, including reasonable attorneys’ fees, made by any third party in connection with your use of the website, the service, or your violation of this agreement.
9. WAIVER; RELEASE; LIMITATION OF LIABILITY
Under no circumstances shall the editors collective be liable for indirect, incidental, special, consequential or exemplary damages resulting from any aspect of your use of the website, the service, or the content, including, without limitation, your inability to use the website due to an interruption, suspension, modification, or termination of the services. Such limitation of liability shall also apply to any links on the website, as well as any information, advice, promises or other communications received through or in connection with other website users. These limitations shall apply to the fullest extent permitted by law. Some jurisdictions do not allow for some limitations of liability. In such jurisdictions, some of the foregoing limitations may not apply to you.
Notwithstanding the foregoing, the total liability of the wnw parties, if any, shall not exceed the amount of fees actually paid by you.
The editors collective does not supervise, monitor or control interactions between users. Accordingly, you hereby agree to (a) release the wnw parties and their designees from any and all claims, demands, and damages, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of the service, the website, or any information provided through the service or the website; (b) waive any and all rights and benefits otherwise conferred by any law (whether statutory or nonstatutory) of any jurisdiction that would purport to limit the scope of a release or waiver; and (c) waive and relinquish all rights and benefits which you have or may have under section 1542 of the civil code of the state of california or any similar provision of any law, rule or regulation of any other jurisdiction to the full extent that you may lawfully waive all such rights and benefits.
10. THIRD PARTY RIGHTS
The provisions of Sections 8 (Indemni?cation) and 9 (Waiver, Release and Limitation of Liability) are for the bene?t of the WNW Parties. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on their own behalf.
11. TERM; TERMINATION
You may terminate your use Account at any time. The Editors Collective may terminate or suspend your right to use the website at any time, with or without cause, and without prior notice. The provisions of Sections 1, 2, 3, 5, 6, 8, 9, 10, and 13 shall survive the expiration or earlier termination of your Account.
12. COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT NOTIFICATION
The Editors Collective respects the intellectual property rights of others. Please notify us of possible copyright infringement so that we can investigate such claims and remove infringing material. To make a claim, please provide the following in writing (the “Infringement Notice”): (i) A physical or an electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly being infringed upon; (ii) A description of the copyrighted work or other intellectual property that has allegedly been infringed upon; (iii) The location on the Website of the allegedly infringing material; (iv) Your contact information, including your address, telephone number, and e-mail; (v) A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement by you, under penalty of perjury, that the information contained in the Infringement Notice is accurate, and that you are the copyright or intellectual property owner (or are authorized to act on the copyright or intellectual property owner’s behalf).
For infringement claims, please contact our agent designated to receive and act on violations under the Digital Millennium Copyright Act at copyright@TheEditorsCollective.com.
The Editors Collective may deliver notice to you under this Agreement via e-mail, a general notice on the Website, or by written communication delivered by ?rst class U.S. mail to your address on record according to your Account. You may deliver notice to The Editors Collective at any time via e-mail at notice@EditorsCollective.com.