WELCOME TO WWW.BLOCKMYTALENT.COM! THE WEBSITE WWW.BLOCKMYTALENT.COM (“SITE”) IS OWNED, MANAGED, OPERATED AND MAINTAINED BY BLEUMI INC. (HEREAFTER REFERRED IN THIS DOCUMENT AS “BLEUMI”/ “WE”/ “US”) AND ANY ACCESS OF THE SITE OR USE OF THE SERVICES, OFFERED BY BLEUMI THROUGH THE SITE (“SERVICES”), IS SUBJECT TO YOUR EXPRESS ACCEPTANCE OF THESE TERMS OF SERVICE (“TERMS”). THESE TERMS SHALL APPLY TO YOU THE USER (“YOU” OR “USER”) AND, AS APPLICABLE, USERS WHO ARE LOOKING TO OFFER PROFESSIONAL SERVICES (“FREELANCERS”) TO OTHER USERS, AND USERS SEEKING TO OBTAIN PROFESSIONAL SERVICES (“EMPLOYERS”) FROM FREELANCERS.
PLEASE READ THESE TERMS VERY CAREFULLY. BY ACCESSING THE SITE, YOU AGREE TO COMPLY WITH THE TERMS.
The SITE is an online marketplace, which enables and provides a convenient and innovative means for Employers to search for, enter into and manage transactions with Freelancers, and to easily and securely manage the payment process for such services by way of through the escrow payment system powered by the Ethereum Network. For the Services rendered through the SITE, Bleumi collects payment from Employers and Freelancers in Ethereum cryptocurrency. We may facilitate other payment modes in the future.
Please take note that the provision of professional services by the Freelancer to the Employer through this SITE will be governed by a project specific smart contract entered into between the Employer and the Freelancer ( "Service Contract"). Bleumi is not a party to Service Contract, and Employers and Freelancers will be independently responsible and liable to each other under the terms of the Service Contract. Bleumi merely facilitates the interaction between Employers and Freelancers through the SITE, and connects to an external service to assist with payment.
IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OR IF YOU CANNOT REMAIN IN COMPLIANCE WITH SUCH TERMS, PLEASE DO NOT ACCESS THE SITE OR USE ANY OF THE SERVICES AND IMMEDIATELY CEASE SUCH ACCESS AND USE.
Bleumi may modify these Terms or any additional terms that apply to a Service to reflect changes to Our Services or change in any applicable laws, or for other specific reasons. We encourage You to review the Terms regularly. We’ll provide notice of any changes to the Terms on this page and any Service specific changes will be notified in the relevant page of the applicable Service. Changes will not apply retroactively. Unless We specifically mention otherwise in a notice, changes will become effective immediately upon being posted. If You do not agree to the modified terms for a Service, please discontinue Your use of that Service.
By using the SITE You warrant that:
You can sign up for the SITE using Email, Google, Facebook, Twitter and GitHub. You can create a User profile either as an Employer or as a Freelancer.
During registration, You may be asked to choose a username and password for the Account (“Login Credentials”). Once an Account is created, You agree to be entirely responsible to safeguard and maintain the confidentiality of the Login Credentials You use to access Your Account. You authorize Bleumi to assume that any person using the SITE with Your credentials is You. You agree to notify Us immediately if You suspect any unauthorized use of the Account. We reserve the right to promptly disable Your Login Credentials and suspend Your access to the Services and/or the SITE in the event We have any reason to believe that You have breached any of the provisions set out herein.
By becoming a registered User, You agree to (i) not use Your Login Credentials with the intent of impersonating another person (ii) not allow any other person to use Your Login Credentials; (iii) abide by the Terms and the processes, procedures, and guidelines described throughout the SITE; (iv) be financially responsible for Your use of the SITE and the purchase or delivery of professional services; (v) perform Your obligations as specified by any Service Contract that You accept, unless such obligations are prohibited by law or by the Terms.
If You have registered as a Freelancer, You would be able to find specific jobs posted by potential Employers, submit Proposals, review, negotiate and accept/ reject the terms of engagement under the Service Contract.
If You have registered as an Employer, You would be able to post jobs (Hourly or Fixed Price Budget), review Proposals, review, negotiate and accept/ reject the terms of engagement and create the Service Contract on the Ethereum Blockchain.
You may be allowed to submit or post images, texts etc. that can be viewed and accessed in the public domain. Any and all content posted on the SITE by a User including but not limited to all information, comments, images, third party URL links, job postings, Proposals, Service Contract or other material whatsoever in any format shall constitute the "User Content".
Unless otherwise explicitly stated by us, Bleumi does not vet, verify the accuracy, correctness and completeness, edit or modify any User Content or any other information, data and materials created, used and/or published by You to determine whether they may result in any liability to any third party. You hereby warrant that You have the rights to use all such User Content in the manner set out in these Terms. WE EXPRESSLY EXCLUDE OUR LIABILITY FOR ANY LOSS OR DAMAGE ARISING FROM THE USE OF OUR SERVICE BY A USER IN CONTRAVENTION OF THIS CLAUSE.
We do not engage in any background check on Our Users. Accordingly, We cannot confirm that each User is who they claim to be and therefore, We cannot and do not assume any responsibility for the accuracy or reliability of identity or any information provided through the SITE. When interacting with other Users, You should exercise caution and common sense to protect Your personal safety and property, just as You would when interacting with other persons whom You don’t know. NEITHER Bleumi NOR OUR AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE AND YOU HEREBY RELEASE Bleumi AND ITS AFFILIATES OR LICENSORS FROM ANY LIABILITY RELATED THERETO. Bleumi AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SITE.
General Obligations of all Users
Use by Employers
The Services enable Employers to post jobs/projects for which they desire to procure the professional services of the Freelancer ("Job(s)"). Employer may post multiple job/project offers to the SITE.
Once the Employer selects a Freelancer from amongst the Proposals received for a specific Job, the Freelancer and the Employer can communicate via email to discuss the Job specific terms and conditions of engagement. When a mutual agreement is reached, a Job Specific Contract is to be executed between the Employer and the Freelancer. The types of contracts, the specific options available to you as an Employer and the applicable payment modalities can be viewed in detail here.
When submitting a Job, You must ensure the Job contains all information that is reasonably necessary for a Freelancer to fully and accurately respond to the Job, including (i) the description of the professional service You are seeking, including without limitation the nature of the work and duties, the location and the duration or likely duration for the work; and (ii) a list of experience, skills, training, qualifications and any other pre-requisites required in respect of the Job; and (iii) the fee applicable to the Job and expenses (if any) You will be paying to the Freelancer.
As an Employer, it shall be Your sole responsibility to:
As an Employer, You must (i) not provide information (including in any Job and/or other communication with Freelancers) which You know to be inaccurate, false, incomplete, untrue or is or may be deemed to be a misrepresentation of the facts; (ii) promptly mark a Job as Completed, and not withhold or delay indicating that a Job has been completed unless You have reasonable grounds to do so (in which case You must notify Bleumi immediately); and (iii) immediately notify Bleumi in the event You have any reason to believe or suspect that a Freelancer or another Employer has breached any of the Terms or that any Freelancer Profile is not genuine, or is false, inaccurate and/or incomplete.
You acknowledge and agree that Jobs will be viewable by any users of the SITE (including all Freelancers).
You may cancel a Job at any time prior to making a Service Contract in respect of that Job. Following the creation of a Service Contract, You may cancel a Contract when there are grounds to establish that You are not satisfied with the manner in which a Job or a milestone is being performed by the Freelancer. Bleumi shall in no event be liable to any User on account of any cancellation of Service Contract.
Freelancer may cancel a Job at any time when there are grounds to establish that You are not satisfied with the Contract provided that upon such cancellation the Freelancer shall not be entitled to any further payments.
Upon any cancellation of a job posting or a Service Contract related to a Job posting, the Employer shall create a new Job posting and a new Service Contract shall be executed when such Job is reallocated to another Freelancer.
The user initiating the cancellation of a Service Contract shall be liable to pay the applicable Gas Fee.
You may modify the existing milestones of the Service Contract or add new milestones, by using the Extend Contract option and initiate the hiring process with the Freelancer again.
Extend Contract option will be enabled for the employer only after the ongoing contract is Cancelled.
Use by Freelancers
Freelancers are not allowed to create multiple Accounts on Bleumi. If We discover that freelancer has multiple accounts, then We may seek additional information and may delete other accounts registered in the name of the Freelancer.
Once the Freelancer has submitted a job proposal ("Proposal"), the Employer may require further information to verify the identity of the Freelancer. The SITE allows the Freelancer to add his portfolio and provide additional certifications to demonstrate his qualifications to work on a Job offered by the Employer.
As a Freelancer, You must:
The types of contracts, the specific options available to you as a Freelancer thereunder and the applicable payment modalities can be viewed in detail here.
If the Freelancer wants to modify the existing milestones of the Service Contract or add new milestones, Freelancer can request the Employer to Extend Contract.
We are constantly changing and improving Our Services. We may add or remove functionalities or features, and We may suspend or discontinue a Service altogether or add or create new limits to Our Services at any time for any reason whatsoever including but not limited to repairs, planned maintenance or upgrades and shall not be liable to You for any such suspension or non-availability of the Services and/or the SITE (whether wholly or partly).
You will always have the option to stop using Our Services at any time.
We believe that You own Your data and preserving Your access to such data is important. If We discontinue a Service, where reasonably possible, We will give You reasonable advance notice and a chance to get information out of that Service.
If You have reason to believe that another User has not followed or complied with their obligations in these Terms, or You have a complaint to make, please e-mail Us at : firstname.lastname@example.org. or by using the "Contact Us" form available on the SITE. Please provide full details of the nature of Your complaint and the materials to which the complaint relates. We will use Our reasonable endeavors to respond to all complaints within a reasonable time and to take reasonable action, which We deem appropriate to resolve or rectify the subject matter of such complaints.
n the event that Bleumi, in its sole and absolute discretion, considers that there has been a breach or threatened breach of any of the Terms by You, We reserve the right to take any action that We deem to be necessary, including without limitation, temporary suspension, or termination forthwith and without notice of Your use of and access to the Services and the SITE; and in the case of illegal use, the initiation of appropriate legal proceedings.
Platform Service Fee
Bleumi currently levies no platform fee, sign-up fee or subscription fee for Employers and Freelancers to register and access the SITE.
We do charge both the Employers and Freelancers a Platform Service Fee, as per below rates, based on the Lifetime Billings. The fee is currently in Ether (Ethereum Currency). The fees mentioned in these Terms would be in addition to any Gas Fee that may be charged by the Ethereum network for every transaction that occurs on the Ethereum network in relation to the Service Contract.
For the purpose of these Terms, the term "Lifetime Billings" shall mean:
|$1,000.01 - $10,000||2.5%||2.5%|
Payment for services rendered by Freelancer
All payment to Freelancers, under the Service Contracts, for Jobs shall be made in Ether cryptocurrency and hence the Users, whether Employers or Freelancers are required to use an Ethereum Wallet. The Users acknowledge that all the payments related to any Job shall be paid through the job specific smart Service Contract. Upon entering into a Job specific Service Contract, once the Freelancer requests payment and the Employer accepts a Job or milestone as Completed, the Employer shall transfer the fee payable to the Freelancer ("Contract Amount"), in Ether, to the Contract Escrow for the Service Contract ("Contract Escrow"), plus such applicable Platform Service Fee. Freelancer can withdraw the Contract Amount, subject to deduction of the Platform Service Fee. The term "Contract Amount" shall mean to include milestone payments for multi-milestone contracts and billing cycle payments for hourly rate contracts and upfront payments for service contracts protected by fair pay.
Employer acknowledges and agrees that the Platform Service Fee payable by the Employer shall be in addition to the Contract Amount applicable to any Job. The Contract Amount that is displayed to Freelancers when they view a Job posting will be inclusive of the Platform Service Fee to be paid by the Freelancer. Upon withdrawing the Contract Amount, the Freelancer shall pay the applicable Gas Fee.
In the event that Bleumi or any of its partners or regulators, acting reasonably, suspects or otherwise has reason to believe that a User has not complied with these Terms or there is any other suspicious activity undertaken through Your Profile or with Your Login Credentials, Bleumi may suspend or disable Your Account until such time as Bleumi is of the reasonable view no such activity has occurred.
BLEUMI SHALL IN NO EVENT BE LIABLE FOR ANY ERRORS OR FAULTS IN THE ACCOUNT DETAILS OR WALLET ADDRESSES SUBMITTED BY A USER. YOU HEREBY RELEASE AND HOLD HARMLESS BLEUMI FROM ANY LOSS OR DAMAGE SUFFERED DUE TO THE EMPLOYER REFUSING TO AGREE THAT A JOB HAS CONCLUDED OR FOR ANY UNSATISFACTORY PERFORMANCE OF SERVICES BY THE FREELANCER. For the avoidance of doubt, nothing in these Terms shall operate to prevent You, from pursuing any payment or otherwise commencing legal proceedings directly against an Employer or Freelancer, as the case may be, for any such loss or damage.
You are responsible for all taxes and other government fees and charges that may be applicable to Your use of the Services, including but not limited to all VAT that may be payable with respect to the professional services provided by the Freelancer. Our relationship with You the Freelancer is not an employer-employee relationship. We shall not be liable for any tax or withholding, including but not limited to unemployment insurance, employer's liability, social security or payroll withholding tax in connection with Your use of the Services or provision of the Freelancer services.
Disbursement of Contract Amount
On Completion, You authorize Us to deduct Our Platform Service Fees and release the balance of the Contract Amount without further notice to You. For the purposes of these Terms, “Completion” shall be taken to occur when the Employer confirms that a Job or a milestone or a hourly billing cycle, as the case maybe, has been completed through the SITE.
The specific model of disbursement of Contract Amount is based on the Service Contract type entered into between the Employer and the Freelancer.
Once the Freelancer completes a Job and requests payment and the Employer accepts the same as Completed, the Employer transfers the Contract Amount plus the Platform Service Fee from his Ethereum Account to Contract Escrow Account.
Bleumi shall make the Contract Amount available to the freelancer for withdrawal from Contract Escrow Account to Freelancer’s Ethereum Account and the applicable Platform Service Fee shall be deducted once the withdrawal is initiated by the Freelancer.
Once the Freelancer completes a milestone and requests payment for the same and the Employer accepts the same as Completed the Employer transfers the milestone payment of the Contract Amount plus the Platform Service Fee from his Ethereum Account to Contract Escrow Account.
Bleumi shall make the milestone payment available to the Freelancer for withdrawal from Contract Escrow Account to Freelancer’s Ethereum Account and the applicable Platform Service Fee shall be deducted once the withdrawal is initiated by the Freelancer.
Fair Pay is a transparent payment policy adopted by Bleumi which gives payment protection both for the Employer and the freelancer by using an Escrow Account on Ethereum Blockchain. For further details on the Fair Pay protection please check here.
Once the Freelancer completes a milestone and requests payment for the same and the Employer accepts the same as Completed, the Employer transfers the milestone payment after deducting the Fair Pay amount already transferred to escrow (if any) and the Platform Service Fee from his Ethereum Account to Contract Escrow Account.
Bleumi shall then make the milestone payment available to the Freelancer for withdrawal from Contract Escrow Account to Freelancer’s Ethereum Account and the applicable Platform Service Fee shall be deducted once the withdrawal is initiated by the Freelancer.
When the Freelancer completes a Job and requests payment for a billing cycle and the Employer accepts the same as Completed, the Employer transfers the billing cycle payment of the Contract Amount plus Platform Service Fee from his Ethereum Account to Contract Escrow Account.
Bleumi shall then make the billing cycle payment of the Contract Amount available to the freelancer for withdrawal from Contract Escrow Account to Freelancer’s Ethereum Account and the applicable Platform Service Fee shall be deducted once the withdrawal is initiated by the Freelancer.
Once the freelancer completes and requests payment for a billing cycle and once the Employer accepts the same as Completed, the Employer transfers the completed billing cycle payment of the Contract Amount after deducting the Fair Pay amount already transferred to escrow (if any) along with upcoming billing cycle’s Fair Pay and the Platform Service Fee from his Ethereum Account to Contract Escrow Account.
Bleumi shall then make the billing cycle payment of the Contract Amount available to the Freelancer for withdrawal from Contract Escrow Account to Freelancer’s Ethereum Account and the applicable Platform Service Fee shall be deducted once the withdrawal is initiated by the Freelancer.
You acknowledge and agree that a substantial portion of the compensation Bleumi receives for making the SITE available to You is collected through the Platform Service Fee. Bleumi only receives this Platform Service Fee when an Employer and a Freelancer pay and receive payment through the SITE. Therefore, for 24 months from the time You identify or are identified by any party through the SITE (the "Non-Circumvention Period"), You must not circumvent the Services offered by Bleumi and make any direct contracts or arrangements for the provision of Services with a User (whether Employer or Freelancer). For the avoidance of doubt, if You, or the business You represent, did not identify and were not identified by another party through the Site, such as if You and another User worked together before meeting on the Site, then the Non-Circumvention Period does not apply.
You agree not to circumvent the Payment Methods offered by the SITE in any manner including but not limited to the following methods:
You agree to notify Us immediately if a person suggests to You making or receiving payments outside of the SITE in violation of this obligation. If You are aware of a breach or potential breach of this obligation, please submit a confidential report to Us at email@example.com.
Irrespective of other remedies We have available, We may suspend or terminate Your Account or a Job, and refuse to provide any or all Services to You if: (i) You breach the letter or spirit of any of these Terms; or (ii) We are unable to verify or authenticate any information You provide to us; or (iii) We believe in Our sole discretion that Your actions may cause to Our Users (including You) or for Us or are contrary to the interests of the SITE. Once terminated, You must not continue to use the SITE under the same Account, or register under a new Account. YOU AGREE THAT BLEUMI WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE OR SERVICES OR DELETION OF YOUR ACCOUNT.
We provide the SITE and the Services on an "AS IS" and "as available" basis. No express warranties or guarantees are made about the SITE. We do not provide any representation that the SITE is available for use in any particular location. Your use of the SITE shall be at Your own initiative and risk. You must comply with all applicable local laws.
TO THE FULLEST EXTENT PERMITTED BY LAW, AND EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, ALL WARRANTIES WHETHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO WARRANTIES OF SITE ACCURACY, ACCURACY OF USER CONTENT, FITNESS FOR A PARTICULAR PURPOSE, OF SATISFACTORY QUALITY, SECURITY, NON-INFRINGEMENT, SYSTEM INTEGRATION, AVAILABILITY, INTEGRITY, DATA ACCURACY, COMPLETENESS, RELIABILITY OR TIMELINESS, SUITABILITY OF CONTENT OR SERVICES, OR THOSE WARRANTIES THAT ARISE FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE ARE DISCLAIMED. WE MAKE NO WARRANTY THAT ANY UPDATES, UPGRADES, BUG FIXES, ERROR CORRECTIONS AND/OR ENHANCEMENTS OF THE SOFTWARE WILL BE MADE OR THAT ANY COMMUNICATIONS FROM AND/OR TO THE SITE WOULD BE SECURE OR NOT INTERCEPTED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BLEUMI AND ITS AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT AND EXPRESSLY DISCLAIM THAT: (i) YOUR USE OF THE SITES AND/OR SERVICES AND ACCESS TO AND USE OF ALL OF THE TOOLS AND FEATURES THEREON WILL BE UNINTERRUPTED, OR TIMELY, ERROR-FREE (OR THAT ANY SOFTWARE, SERVICES, SITES OR SERVER(S) ON WHICH THE SERVICES AND SITES ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE AND THE SERVICES AND ANY CONTENT PROVIDED ON OR THROUGH THE SITES AND SERVICES AND ANY RECEIPT OR DOWNLOAD OF CONTENT OR INFORMATION FROM SITE ARE ENTIRELY AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, DATA OR PERSON, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE SITE OR SERVICES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING THE SITE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OUR REPRESENTATIVE SHALL CREATE A WARRANTY.
Bleumi shall bear no responsibility or liability for inspecting or verifying any User Content. Commentary and other materials posted on the SITE are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to Our site, or by anyone who may be informed of any of its contents.
Additional Disclaimers for Employers and Freelancers
You acknowledge and agree that the Services provided by Bleumi are limited to providing You with a facility to attempt to source and connect with Employers and/or Freelancers.
Bleumi does not guarantee the Employers that You will (i) find Freelancers suitable to Your specific requirements; or (ii) secure any Proposals, responses or any communication from Freelancers. Further, We make no warranties and assume no responsibility for verifying the credentials, standards or reputation of the Freelancer neither do We verify that any information provided by the Freelancer or listed on the SITE (including the Proposals or any information provided or comments made by Freelancers in their communication with You) is true, accurate, complete and up-to-date.
Bleumi does not warrant or guarantee the Freelancers that You will (i) be successful on any Proposals through the SITE; or be able to execute any Service Contract with the Employer.
In particular, Bleumi does not warrant or guarantee (i) the completeness, correctness and accuracy of any Profile or Jobs posted on the SITE; or (ii) the authenticity of the Profiles, Job postings, or Service Proposals; or (iii) that any information or documentation made available on the SITE by a User is authentic, valid, accurate or otherwise complete; or (iv) the identity of the Freelancers or Employers using the SITE; or (v) the quality and suitability of the Employers or (vi) the manner in which Employers will evaluate and select Service Proposals.
You agree and acknowledge that Freelancers and Employers are entitled to assign ratings and reviews to each other and We will make such ratings available to all users of the SITE. We do not control or otherwise contribute to such ratings or reviews.
You also acknowledge, agree, and understand that (i) You are not an employee of Bleumi, and You are not eligible for any of the rights or benefits of employment (including unemployment and/or workers compensation insurance); (ii) Bleumi will not have any liability or obligations under or related to Service Contracts for any acts or omissions by You or other Users; (iii) Bleumi does not, in any way, supervise, direct, or control any Freelancer or the manner in which services are performed by a Freelancer under a Service Contract (vi) Bleumi does not provide Freelancers with training or any equipment, labor, tools, or materials related to any Service Contract; and (vii) Bleumi does not provide the premises at which Freelancers will perform the work.
All right, title and interest in and to the SITE are owned by Bleumi Inc. All content and materials contained in the SITE, including, but not limited to, all SITE design, content, images, logos, graphics, button icons, data compilations, digital downloads, etc., are protected by the applicable intellectual property laws.
You acknowledge and agree that the SITE and any software used in connection with the SITE contain proprietary and confidential information that is protected by applicable intellectual property laws. Any unauthorized use of the materials provided as part of the SITE is strictly prohibited. Software, in both source and object code forms, APIs, associated documentation, and other related materials may be available for download on certain parts of the SITE. Bleumi or its licensors own and retain all rights in such software content, including all applicable intellectual property rights. Nothing in these Terms grants any right or license to software content. Software content is governed by its own separate terms and conditions and all use of software content must be in accordance with the specified license(s), which may include, but is not limited to software licenses, End User Agreements and free/open source software licenses, as applicable.
You understand and acknowledge that (i) the software, code, proprietary methods and systems used to provide the SITE or Services, (ii) the content in the SITE, (v) names, logos, and other materials displayed on the SITE or in the Services constitute trademarks, trade names, service marks or logos of Bleumi and/or Our affiliates; and/or (vi) any intellectual property therein may not be copied, modified, reproduced, republished, posted, or transmitted. Further, no content on the SITE may be sold, offered for sale, or redistributed in a commercial manner without Our prior written permission. Nothing in this Terms grants You any right to receive delivery of a copy of any of Our Intellectual Property or to obtain access to Our Intellectual Property except as generally and ordinarily permitted through the SITE according to these Terms. You must not use any materials on the SITE in an unauthorized manner including reproduction, republication, modification or distribution, or any form of data mining or data extraction, or other commercial exploitation of any kind except as provided herein. You must not use any device or manual process to monitor or copy the pages of Our SITE or the content therein.
Except as specifically set forth above, nothing in these Terms confers, by implication, estoppel, or otherwise, any license or right under any trade secret, patent, trademark, copyright, or other intellectual property rights of Bleumi or any third party. All rights not expressly licensed are reserved.
This SITE may contain links to and plug-ins from sites or applications owned, operated or controlled by third parties (collectively, "Third Party Sites") that are provided solely as a convenience to You and not as an endorsement by Us of the contents of such other third party sites. We do not endorse and are not responsible for (i) any statements, opinion, advice or information made or displayed on SITE by any User or a third party or (ii) for any Third Party Sites which may be linked to or from the SITE. Your use of any Third Party Sites shall be at Your own risk. We will not be liable to You for any loss or damage resulting from You accessing or using such Third Party Sites.
Further, You may be required to download certain third party applications for making use of certain functionalities of the Services, which may be governed by terms and conditions which may be different from that of the SITE. We strongly urge that You review such third party terms and condition in detail before downloading and installing any third party applications that You may download in connection with the Services.
Any reliance You place on any third party content is at Your own risk. Any third party content, including, without limitation, content in the nature of opinions, advice, statements, services, offers, or other Users of the SITE or other information, expressed or made available on the SITE or through the Services are those of the respective authors thereof, and not that of Bleumi. Bleumi does not in any manner guarantee, endorse, or is otherwise responsible or liable for the accuracy, completeness, timeliness, reliability, availability, usefulness or any other aspects of any third party content accessible through the SITE or Services.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BLEUMI AND/OR OUR DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR REPRESENTATIVES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR LOSSES (INCLUDING LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS, LOSS OF SAVINGS, LOSS OF DATA, OR LOSS OF GOODWILL) OR ANY DAMAGES OF WHATSOEVER NATURE THAT RESULT FROM OR ARISES IN CONNECTION WITH (i) THE USE OF, DELAYS IN OPERATION, TRANSMISSION OR RESPONSE OF, OR INABILITY TO USE THE SITE OR THE SERVICES; (ii) ANY CONTENT OF THE SITE AND/OR THE SERVICES; (iii) STATEMENTS OR CONTENT POSTED ON THE SITE AND/OR THE SERVICES; (iv) ANY SERVICE PURCHASED OR OBTAINED THROUGH THE SITE; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITE OR THE SERVICES; (vi) ANY DAMAGE CAUSED BY MISTAKES, INACCURACIES, OMISSIONS, ERRORS, INTERRUPTIONS OR LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON THE SITE OR THE SERVICES, OR (vii) ANY OTHER FAILURE OF PERFORMANCE OF THE SITE OR SERVICES OR OTHER MATTER RELATING TO THE SITE AND/OR THE SERVICES, IN EACH CASE WHETHER OR NOT CAUSED BY EVENTS BEYOND OUR CONTROL, INCLUDING, BUT NOT LIMITED TO, ACTS OF NATURE, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE SITE OR SERVICES OR CONTENT STORED THEREIN, IRRESPECTIVE OF WHETHER A CLAIM IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSSES.
IN NO EVENT SHALL OUR LIABILITY TO YOU FOR ANY CLAIMS RELATING TO THE USE OF SITE EXCEED THE PLATFORM SERVICE FEE PAYMENT THAT YOU MADE TO BLEUMI FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM.
For the purposes of these Terms, Confidential Information means information relating to one party which is made available by such party to the other party in relation to the Services and includes any information, analyses, compilations, notes, studies, memoranda or other documents or software code derived from, containing or reflecting such information but excludes information which:
To the extent an Employer or Freelancer provides Confidential Information to the other, the recipient shall protect the secrecy of the Confidential Information with the same degree of care as it uses to protect its own confidential information, but in no event with less than due care, and shall not: (i) disclose Confidential Information to anyone except, in the case of Bleumi, to any Employer or Freelancer engaged in a Contract; and (ii) use the Confidential Information, except as necessary for the performance of Services for the relevant Service Contract (including, without limitation, the storage or transmission of Confidential Information on or through the SITE). Employer and Freelancer shall not publish, or cause to be published, any Confidential Information, except as may be necessary for performance of Services for a Contract. In the event either Freelancer or Employer breaches this Confidentiality obligation, Bleumi shall not be made liable for any such breach and the disclosing party shall not take any action against Bleumi.
If and when Confidential Information is no longer needed for the performance of Services for the relevant Contract, or at the Employer's or Freelancer's written request (which may be made at any time at Employer's or Freelancer's sole discretion), Employer or Freelancer (as the case may be) shall promptly destroy or return all Confidential Information and any copies thereof contained in or on its premises, systems, or any other equipment otherwise under its control. Each of Employer or Freelancer, as applicable, agrees to provide written certification to the party disclosing the Confidential Information within ten (10) days after the receipt of disclosing party's written request to certify.
You agree to indemnify and hold Us and Our affiliates, officers, employees and agents, harmless from and against all liabilities, losses, demands, claims, damages, penalties, interests and expenses (including ensuing legal expenses and costs) arising from any third party claims resulting from (i) Your use or access of SITE and/or Services; and (ii) any Service Contract. You shall further defend, indemnify and hold harmless BLEUMI and its officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to attorneys fees, in whole or in part arising out of or attributable to (i) any breach of these Terms by You, or (ii) based upon Your actions or inactions, which may result in any loss or liability to BLEUMI or any third party or arising out of the Your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other Users or infringement of intellectual property or other rights.
Employer and Freelancer agree to indemnify, hold harmless and defend Bleumi from any and all claims arising out of or related to their Service Contract, including but not limited to claims that Freelancer was misclassified as an independent contractor, any liabilities arising from a determination by a court, arbitrator, government agency or other body that Freelancer was misclassified (including, but not limited to, taxes, penalties, interest and attorney's fees), any claim that Bleumi was an Employer or joint Employer of Freelancer, as well as claims under any employment-related laws, such as those relating to employment termination, employment discrimination, harassment or retaliation, as well as any claims for overtime pay, sick leave, holiday or vacation pay, retirement benefits, worker's compensation benefits, unemployment benefits, or any other employee benefits.
We will not be liable for any failure of performance under the Terms or to provide the Services through the SITE to the extent such failure was caused by a Force Majeure event, which shall constitute any and all events beyond Our reasonable control, including but not limited to acts of the government authorities, acts of God, fire, natural disasters, strikes, explosion, riots, war, terrorism, non-cooperation of third parties, network failure, disruption of communication lines, power outages, etc.
If a dispute arises between You and Bleumi or any Affiliates, Our goal is to resolve the dispute quickly and cost-effectively. Accordingly, You, Bleumi and Our Affiliates agree that We will resolve any claim or controversy at law or equity that arises between Us out of this Terms.
Before filing a Claim for arbitration or otherwise seeking relief in a court of law, You agree to first contact Bleumi to inform its Customer Support team of Your complaint and seek resolution. This notice of dispute must include: Your name, pertinent account information, a brief description of Your dispute, and contact information so that Bleumi may evaluate the dispute and attempt to informally resolve it. Bleumi will have 60 days from the date of Your original complaint to informally resolve the dispute, which if successful will avoid the need for further action.
If You and Bleumi are unable to resolve a Dispute through informal negotiations, all claims arising from use of the Platform shall finally and exclusively be resolved by binding arbitration. Any election to arbitrate by one party will be final and binding on the other. YOU UNDERSTAND THAT IF EITHER PARTY ELECTS TO ARBITRATE, NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL. The arbitration will be commenced and conducted under the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. Your arbitration fees and Your share of arbitrator compensation will be governed by the AAA
Notwithstanding the foregoing, You and Bleumi retain the right to seek injunctive or other equitable relief in a federal Court or a court located in Middlesex County, Massachusetts, court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights.
You are responsible for compliance with applicable laws, regulation and treaties, keeping in mind that access to the contents of this SITE may not be legal for or by certain persons or in certain countries.
If Bleumi fails at any time to insist upon strict performance of its obligations under these Terms, or if it fails to exercise any of the rights or remedies to which it is entitled under these Terms, this will not constitute a waiver of any such rights or remedies and shall not relieve You from compliance with such obligations. No waiver by Bleumi of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to You in writing.
If any of these Terms is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.
You will not transfer, assign or delegate Your rights or obligations (including Your Account) under these Terms to anyone without the express written permission of Bleumi, and any attempt to do so will be null and void. We may assign these Terms in Our sole discretion.
All notices required or permitted to be given under these Terms, shall be in writing and shall be deemed to have been duly given if delivered personally or sent by pre-paid telex, telefax or telegram, or mailed first-class, postage pre-paid, by registered or certified mail (notices sent by telex or telefax, or telegram, shall be deemed to have been given on the date sent; those mailed shall be deemed to have been given ten (10) business days after mailing) to Our addresses or to such other address as any party shall designate by notice in writing.
Nothing in these Terms shall give, directly or indirectly, any third party any enforceable benefit or any right of action against Bleumi and such third parties shall not be entitled to enforce any of these Terms against Bleumi.
These terms shall be governed by the Federal Arbitration Act and the internal substantive laws of the Commonwealth of Massachusetts, regardless of Your country or state of origin or where You access the SITE, and regardless of any principle of law that may provide for the application of the law of another jurisdiction.