Last update: March 2018
Welcome to Broxer.com. Broxer.com is a freelance marketplace and online services’ buying/selling platform.
The following terms and conditions (these “Terms of Service”) govern your access to and use of the Broxer website, including any content, functionality, and services offered on or through www.broxer.com (the “Site”), by Broxer Technologies Pvt Ltd (India) as applicable.
This Site is offered and available to users who are 13 years of age or older. If you are under 13 you may not use this Site or the Broxer services. By using this Site, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.
Our Customer Support team is available 24/7 if you have any questions regarding the Site or Terms of Service. Contacting our Customer Support team can be performed by submitting a request here.
Broxer sellers have access to several exclusive features that help customize the way their services can be offered.
Some of the services on Broxer are delivered physically (arts and crafts, collectible items, etc.). For these types of Jobs, sellers may decide to add shipping charges. Sellers can add shipping charges for local shipping (within the same country) and for international shipping (anywhere else).
Buyers may be charged with indirect taxes (such as VAT or GST) depending on their residency, location and any applicable law, in addition to the Job price shown on the Job page.
Broxer enables people around the world to create, share, sell and purchase nearly any service they need at an unbeatable value. Services offered on Broxer reflect the diversity of an expanding Job economy. Members of the Broxer community communicate and engage through orders, social media, and on Broxer’s Community Forums.
Broxer maintains a friendly, community spirited, and professional environment. Users should keep to that spirit while participating in any activity or extensions of Broxer. This section relates to the expected conduct users should adhere to while interacting with each other on Broxer.
To report a violation of our Terms of Service, User Misconduct, or inquiries regarding your account, please contact our Customer Support team here.
Users may receive a warning to their account for violations of our Terms of Service or any user misconduct reported to our Trust and Safety team. A warning will be sent to the user’s email address and will be displayed for such user on the Site. Warnings do not limit account activity but can lead to your account losing seller statuses or becoming permanently disabled based on the severity of the violation.
Adult Services & Pornography – Broxer does not allow any exchange of adult-oriented or pornographic materials and services.
Inappropriate Behavior & Language – Communication on Broxer should be friendly, constructive, and professional. Broxer condemns bullying, harassment, and hate speech towards others. We allow users a medium for which messages are exchanged between individuals, a system to rate orders and to engage on larger platforms such as our Community Forum and Social Media pages.
Phishing and Spam – Broxer takes the matter its members’ security seriously. Any attempts to publish or send malicious content with the intent to compromise another member’s account or computer environment is strictly prohibited. Please respect our members’ privacy by not contacting them for commercial purposes without their consent.
Privacy & Identity – You may not publish or post other people’s private and confidential information. Any exchange of personal information required for the completion of a service must be provided on the order page. Sellers further confirm that whatever information they receive from the buyer, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the buyer. Any users who engage and communicate off of Broxer will not be protected by our Terms of Service.
Fraud / Unlawful Use – You may not use Broxer for any unlawful purposes or to conduct illegal activities.
Multiple Accounts – To prevent fraud and abuse, users are limited to one active account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the Broxer community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations of Broxer’s Terms of Service is cause for permanent suspension of all accounts.
Targeted Abuse – We do not tolerate users who engage in targeted abuse or harassment towards other users on Broxer. This includes creating new multiple accounts to harass members through our message or ordering system.
Selling Accounts – You may not buy or sell Broxer accounts.
User Generated Content (“UGC”) refers to the content added by users as opposed to content created by the Site. All content uploaded to Broxer by our users (Buyers and Sellers) is User Generated Content. Broxer does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled.
Furthermore, Broxer is not responsible for the content, quality or the level of service provided by the Sellers. We provide no warranty with respect to the Jobs, their delivery, and any communications between buyers and sellers. We encourage users to take advantage of our rating system, our community and common sense in choosing appropriate Jobs service offers.
By offering a service, the seller undertakes that he/she has sufficient permissions, rights and/or licenses to provide, sell or resell the service is offered on Broxer. Sellers advertising their Job online must comply with laws and terms of service of the advertising platform or relevant website used to advertise. Failing to do so may result in removal of the Job and may lead to the suspension of seller’s account.
Ownership and limitations: Unless clearly stated otherwise on the seller’s Job page/description, when the work is delivered, and subject to payment, the buyer is granted all intellectual property rights, including but not limited to, copyrights for the work delivered from the seller, and the seller waives any and all moral rights therein. The delivered work shall be considered work-for-hire under the Indian Copyright Act. In the event, the delivered work does not meet the requirements of work-for-hire or when Indian Copyright Act does not apply, the seller expressly agrees to assign to buyer the copyright in the delivered work. All transfer and assignment of intellectual property to the buyer shall be subject to full payment for the Job and the delivery may not be used if payment is canceled for any reason. For removal of doubt, in custom created work (such as artwork, design work, report generation etc.), the delivered work shall be the exclusive property of buyer, and seller assigns all rights, title, and interest in the delivered work. Some Jobs (including for custom created work) charge additional payments (through Job Extras) for a Commercial Use License. This means that if you purchase the Job 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 Job Extra and will have broader rights that cover your business use.
For Voice Over Jobs, when the work is delivered, and subject to payment, the buyer is purchasing basic rights, (which means the buyer 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 you intend to use the VoiceOver to promote a product and/or service (with the exception of paid marketing channels), you will need to purchase the Commercial Rights (Buy-Out) through Job Extra. If you intend to use the VoiceOver in radio, television and internet commercials, you will need to purchase the Full Broadcast Rights (Buy-Out) through Job Extra. For further information on the type of buy-outs, please read below.
Sellers further confirm that whatever information they receive from the buyer, which is not public domain, shall be kept confidential and shall not be shared or used for any purpose whatsoever other than for the delivery of the ordered work to the buyer.
Furthermore, users (both buyers and sellers) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to Broxer, including Job texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by Broxer for no consideration for marketing and/or other purposes.
When purchasing a Voice Over Job, the Seller grants you a perpetual, exclusive, non-transferable, worldwide license to use the purchased Voice Over (except for commercials, radio, television, and internet commercial spots). By purchasing a Commercial Rights (Buy-Out) with your order, in addition to the basic rights, the Seller grants you with a license to use the VoiceOver 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. By purchasing a Full Broadcast Rights (Buy-Out) with your order, in addition to the Commercial Rights, the Seller grants you 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.
This Buy-Out is subject to Broxer’s Terms of Service. There is no warranty, express or implied, with the purchase of this delivery, including with respect to fitness for a particular purpose. Neither the Seller nor Broxer 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.
By purchasing a “Commercial Use License” with your order, the Seller grants you a perpetual, exclusive, non-transferable, worldwide license to use the purchased delivery for Permitted Commercial Purposes. All intellectual property rights of the purchased delivery are hereby assigned to you. “Permitted Commercial Purposes” means any business related use, such as (by way of example) advertising, promotion, creating web pages, integration into a product, software or other business related tools etc., and strictly excludes any illegal, immoral or defamatory purpose. This License is subject to Broxer’s Terms of Service. There is no warranty, express or implied, with the purchase of this delivery, including with respect to fitness for a particular purpose. Neither the Seller nor Broxer 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.
YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER BROXER NOR ANY PERSON ASSOCIATED WITH BROXER 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.
IN NO EVENT WILL BROXER, 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 WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE 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.
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