TERMS OF SERVICE
10Times Pro is a limited liability Company that owns a website on which stock media contents can be sold and bought and where freelance media services can be offered and hired by individuals as well as corporate organizations of different sizes. Based in Africa, a continent of beautiful people and abundant opportunities, our community is made up of people from different walks of life all across the world.
2. ACCEPTANCE OF TERMS
Membership of the service is conditional and based on comprehension and compliance with the terms, conditions, statutes and disclaimers contained in this document and elsewhere on the site, hereafter referred to as ‘Terms of Service’ (TOS).
3. DESCRIPTION OF SERVICE
10Times Pro is operated as a media stock footage online store for professional photographers, video editors, music producers, graphics editors and media content developers, etc. It is also a platform for these contributors and other non-contributors who are professionals in the media field to make money as freelancers.
4. TERMS OF SERVICE
The following Terms of Service ("TOS") set forth the rights and obligations of the website users in respect of any content or service provided on this platform.
By accepting these Terms of Service, you verify that your country of residence is the same as your billing address.
10Times Pro reserves the right to modify these Terms of Service at any time in its sole discretion and such modification(s) shall become effective upon notification to users of the platform. Amendments to these Terms of Service shall only apply to prospective purchases. By licensing content following any of such amendments, you agree to abide by the Terms of Service as amended.5. ACCOUNT PROFILE
To register for an account to join the site, you must complete a user profile (“Profile”), which you consent to be shown to other users and, unless you change your privacy settings, the public. You agree to provide accurate and complete information on your Profile and all registration and other forms you access on 10Times Pro’s website or provide to us and to update your information to maintain its veracity and accuracy.6. ACCOUNT TYPES
There are four account types; contributor, buyer, freelancer and employer and you can register for any using a unique email address. Registration is absolutely free for all account types.Freelancers Revenues and Charges
10Times Pro offers a platform for freelancers to sell their services without paying for registration. It however charges a service fee on every transaction that takes place between a freelancer and an employer, and can institute new charges at any time, with fourteen days prior notice to you, the freelancer, which may be sent via email or posted on the website.
For each project you get and complete successfully, you will receive 70% of the paid amount.
If a project gets cancelled (for any reason), the buyer will get a refund of the total money paid.
For ease of administration, 10Times Pro pays freelancers on the fifteenth of every month and provides options of regular monthly payment, or payment based on your financial target. In other words, for the latter, you can choose to keep your revenue with 10Times Pro till it reaches a particular amount as you will see in the options on the freelancer’s page.
After entering into a service contract, the first time a freelancer uses the website to receive payment for a project, 10TimesPro will establish and maintain a “Freelancer Escrow Account” to enable such a freelancer to receive payments for projects delivered and request for withdrawal (according to the terms guiding withdrawal) and also to enable 10Times Pro make refunds to employers if the need arises.
For withdrawals, it should be noted that the minimum pay-out for freelancers is $20 and withdrawal request has to be made before the third day of the month in order for payment to be processed and initiated on the fifteenth of every month. No interest or other earnings will be paid on the funds held on your behalf by 10Times Pro but your exact revenue is what will be paid to you at the time of withdrawal.Account and Service
When an employer requests for a service, the freelancer is notified via email and/or text message as well as a notification in his freelancer account on the website.
Freelancers are required to respond to job notifications within the average response time on the profile detail page of the website.
Freelancers are required to meet the delivery time as specified on their profile page. An employer can cancel an order as a result of that and rate the freelancer poorly.
Freelancers must send completed files to employers and mark the order as completed.
It is against the terms of this website for a freelancer to upload another person’s work as his’ or hers on his or her 10Times Pro’s account. A freelancer is only permitted to share his own creative and professional work — not even the works of others that he or she likes.
All payment services, including withdrawal services will be provided by 10Times Pro’s payment service provider.
Your 10Times Pro profile can be associated with only one account from each 10Times Pro withdrawal service. A Payment Service Provider withdrawal account can be associated with only one 10Times Pro’s profile.Employers
Employers are not to offer direct payments to freelancers using payment systems outside of 10Times Pro’s platform.
10Times Pro accepts payments (via its payment service provider) from employers, and remits the payments to the freelancers (via its payment service provider). In the event that 10Times Pro (via payment service provider) does not remit any of such payment to the freelancer, the freelancer will have only 10Times Pro to deal with directly and not the employer.
Service fees are added at the time of hire where an employer can review and accept the total amount to be paid. These fees cover administrative fees. 10Times pro takes a flat rate service fee of $2 per transaction.
By using any payment method and/or providing payment details for making purchases on 10Times Pro, you agree that: (a) you are legally authorized to provide such information; (b) you are permitted to make payments using the payment method(s); (c) if you are an employee or agent of a company or person that owns the payment method, you are authorized by that company or person to use the payment method to make payments on 10Times Pro; and (d) such actions do not violate any applicable law.
Employers may pay on 10Times Pro in several different currencies. Unless stated otherwise, you will be charged in the currency displayed on the payment page. All currency exchange services in connection with payments and withdrawals in local currencies are performed by 10Times Pro’s Payment Service Provider. In certain cases, however, when certain currencies are not supported by certain payment methods, you will be charged in US$ even if the price is displayed in another currency. In any event, the actual charged amount (in the actual payment currency) will be clearly disclosed to you before you complete the payment.
If you paid for a service in a currency other than US$ and your service was later cancelled for any reason, the amount that will be returned to your 10Times Pro account would be based on the exchange rate as at the date of cancellation; therefore, the amount refunded may vary from the paid amount in local currency terms, while still maintaining the same US$ value.
A service is marked as complete after the project has been delivered to and accepted by an employer. A service will be automatically marked as complete if no request for modification or revision was made by an employer within three days after the project was delivered.
Employers can request for ‘revision’ from a freelancer if the project he/she delivered is not in line with the description the employer gave or the quality is not excellent. This should be done within three days after work delivery.
In the event that an employer requests for a revision (within the number of revisions agreed upon) and does not get it or encounters an issue(s) related to the service provided by a freelancer, be it in lateness, unresponsiveness, extortion, manipulation, etc., such an employer can send us a mail via firstname.lastname@example.org or call us on Tel: +234 810 532 8408.
Note: Multiple reported offenses will result in permanent suspension of account, whether employer or freelancer.
With the knowledge that contents are being uploaded on this site for commercial reasons, contributors are therefore advised to ensure maximum quality of whatever content it is they are going to submit. Contents that are of low quality will be rejected.
The content you upload on the website remains yours but can be used by others who purchase the license to such content. The license obtained is a non-royalty one, meaning, you only get paid once for every purchase that happens on your content.
10Times Pro determines the price of your content, following the pricing chart. And what you earn as a contributor on every purchase or download is forty (40%) of the price of the content.
The purchase of any media content grants you a non-royalty license to download and use the content as one user. In other words, you only pay once for a content but can use it multiple times as an individual, and for different projects.
10Times Pro determines the price of your content, within the reasonable guidelines set by 10Times Pro based on industry trend and data. And what you earn as a contributor on every purchase or download is forty (40%) of the price of the content.
7. CONTENT LICENSES
After the purchase of a content on 10Times Pro’s website, you are granted a non-exclusive, non-transferable right to use, adjust (except as expressly prescribed herein) and reproduce content worldwide, in perpetuity, as expressly permitted by the applicable license and subject to the limitations set forth below:
i. A standard image license gives you the right to use images:
· As a digital replica, including on websites, in online and mobile advertisement, on social media, mobile applications, software, e-cards, e-publications (e-books, e-magazines, blogs, etc.), and email marketing subject to the budget limitations set forth at the time of license.
· Printed in physical form as part of product branding and labeling, letterhead and business cards, point of sale advertisements, billboards, CD and DVD cover art, or in the advertising and copy of tangible media, including magazines, newspapers, and books.
· As part of an outdoor advertisement project. In other words, for advertisement mediums such as billboards, posters, etc.
· Included into film, video, television series, TV commercials, or other audio-visual productions for distribution in any medium now known or hereafter established, without regard to audience size.
· For your personal, non-commercial utilization (not for resale, download, distribution, or any commercial use of any kind).
ii. An enhanced image license permits you to use images (which rights are in addition to 1-5 above and exclusive to Enhanced Image Licenses):
· In any manner allowable under a Standard Image License, without any constraint on the number of duplicates, impressions, or budget;
· Included into merchandise intended for sale or promotional distribution (collectively "Merchandise"), including, but not limited to textiles, artwork, magnets, wall-arts, calendars, toys, stationery, greeting cards, and any other physical duplication for resale or distribution, provided that such merchandise incorporates creative material or functional elements apart from the image(s).
· In wall art (and without requiring further creative or functional elements) for aesthetics purposes in a commercial space owned by the licensee or his/her client, but not to be monetized.
· Incorporated as components of digital templates for sale or distribution.
Note: if the standard or enhanced image licenses do not fulfill your needs, please contact customer service via email@example.com
b. Footage use license
i. A footage use license permits you to use footage:
· In a multi-media production exhibited or disseminated via the web, social media, television and other media platforms.
· In connection with a live performance and/or on websites.
If the footage use license does not meet your required need, please contact the customer service via firstname.lastname@example.org.
ii. A footage comp license permits you to use watermarked, low resolution footage as a comp (the "Comp Footage") solely:
· In test, sample, comp, or rough-cut evaluation materials.
· A footage comp license does not permit you to display or distribute to the public or incorporate into any final materials any such footage. Comp Footages can be edited, but you may not remove or amend the 10Times Pro watermark.
· Comp footage is available to license under the Footage Use License at the time it is downloaded as comp footage, but 10Times Pro makes no pledges and shall have no obligation to ensure that comp footage will be available for license at any time thereafter.
c. A music use license
A music use license permits you to use a sound track or music purchased and downloaded on 10Times Pro’s website:
· In a multi-media production exhibited or disseminated via the web, social media, television, radio and other media platforms for media related purposes.
· In connection with a live performance and/or on websites.
8. RESTRICTIONS ON THE USE OF CONTENT
A holder of content license may not:
a. Use a content other than as expressly provided by the license acquired with respect to such content.
b. Portray any person depicted in visual content (a "Model") in a way that a reasonable person would find obscene, including but not limited to depicting a model: a) in connection with pornography, "adult videos", adult entertainment venues, escort services, dating services, or the like; b) in connection with the advertisement or promotion of tobacco products; c) in a political context, such as the promotion, advertisement or endorsement of any party, candidate, or elected official, or in connection with any political policy or viewpoint; d) as suffering from, or medicating for, a physical or mental ailment; or e) engaging in immoral or criminal activities.
c. Use any content in a pornographic, libelous, or deceptive context, or in a manner that could be considered libelous, obscene, or illegal.
d. Rework content designated "Editorial Use Only" in a manner that changes the context of what is represented.
e. Use content designated "Editorial Use Only" for profitable purposes.
f. Resell, reallocate, provide access to, share or transfer any content except as specifically provided within the confines of this stipulation. For example and not by way of limitation, the foregoing forbids displaying content as, or as part of, a "gallery" of content through which third parties may search and select from such content.
g. Use content in a manner that transgresses upon any third party's trademark or other intellectual property, or would give rise to a claim of misleading advertisement or unfair competitiveness.
h. Use any content (in whole or in part) as a trademark, service mark, logo, or other indication of origin, or as part thereof.
i. Falsely claim, deliberately or by way of reasonable implication, that you or a person other than the copyright holder(s) of that content created it.
9. CREDIT AND COPYRIGHT NOTICES
a. In the use of any content from 10Times Pro in news stories, feature articles, publishing, documentary, or any other editorial context, there shall be an accompanying credit to 10Times Pro’s contributor and to 10Times Pro in concrete terms such as the following:
"Name of Artist/10TimesPro.com"
b. If and where financially applicable, the use of any content in merchandise or an audio-visual production; there shall be an accompanying credit to 10Times Pro in concrete terms such as the following:
"Image(s) or music or footage (as applicable), used under license from 10TimesPro.com"
c. In all cases the credit and acknowledgment shall be of such size, color and prominence so as to be clearly and easily readable by an unaided eye.
10. COPYRIGHT INFRINGEMENT
10Times Pro website’s contents are user-generated. 10Times Pro does not check uploaded or created content for violations of copyright or other rights. If you have your copyright or any other related right violated by reason of the upload on this site, please, kindly contact us with proof of ownership of the uploaded content.
Such proof should include the following:
You can send the complaint to us via Email: email@example.com
10Times Pro’s contributors have contracted 10Times Pro all essential rights to the content to grant the rights under ‘Content licenses’ as appropriate. Any content in its original state and utilized in full compliance with these Terms of Service and operational law does not;
· violate any copyright, trademark or other intellectual property right;
· violate any third parties’ rights of privacy or publicity;
· violate any Nigerian law, statute, or ordinance, or regulation; or
· is defamatory, libelous, pornographic or obscene.
While 10Times Pro makes commercially judicious efforts to ensure the correctness of keywords and descriptions, as well as the integrity of contents labeled “Editorial use only”, 10Times Pro makes no warranties and/or representations regarding any:
· Keyword, titles or descriptions;
· Audio in footage; or
· Visual content labeled “Editorial use only”.
For the avoidance of doubt, 10Times Pro will not indemnify or have any liability in respect of any claims stemming from erroneous keyword, titles or descriptions, any audio in Footage, or the use of visual content designated Editorial Use Only.
10Times Pro makes no representations or assurances whatsoever other than those expressly made in this "warranties and representations" section.
10Times Pro is a stock media company and a platform that enables freelancers and employers find and transact with each other. 10TimesPro does not introduce freelancers to employers, find projects for freelancers, and or set prices on their behalf; therefore, website users are responsible for evaluating and determining the suitability of any project, employer or freelancer on their own. 10Times Pro is not a party to any service contract or dealings made by users on the platform and will not in any way supervise the execution of a project.
13. ADDITIONAL TERMS
i. Except as mandated by law, 10Times Pro shall be under no obligation to approve refunds under any scenario. All payments are non-refundable.
However, in the event that 10Times Pro decides at its sole discretion, that a buyer deserves repayment of all or part of the fees paid, such reimbursement shall be made using the payment process originally used by the buyer at the time of purchase.
ii. In the event that 10Times Pro is required to collect indirect taxes (such as sales tax, value-added tax, goods and services tax, et al) by the laws of your state or country of residence, you will be mandated to pay such indirect tax. Where 10Times Pro or you are required to collect or remit direct or indirect taxes, you may be mandated to self-assess the said tax under the applicable laws of your country of residence.
iii. "Non-transferable" as used in this document means that without express permission as specifically provided in these Terms of Service, you may not sell, rent, load, give, sub-license, or otherwise transfer to anyone, content or the right to use content from this platform. You may however, make a one-time transfer of content to a third party for the sole purpose of causing such third party to print and/or manufacture your goods incorporating content subject to the terms and conditions herein. If you become aware that any social media website uses any content in a manner that exceeds your license hereunder, you agree to remove all derivative works incorporating content from such social media website, and to promptly notify 10Times Pro of such social media website's use. You hereby agree to take all commercially reasonable steps to prevent third parties from duplicating any content received from this site. If you become aware of any unauthorized duplication of any content, please notify us via email at firstname.lastname@example.org
iv. If you are accepting these Terms of Service on behalf of your proprietor or other entity, you hereby warrant and represent that you have due authority to bind your principal and/or entity. In the advent that you do not have such authority, you hereby agree that you will be personally liable to 10Times Pro for any breaches of the terms of these Terms of Service. You therefore grant 10Times Pro a worldwide, non-exclusive, limited license to use your trademarks in 10Times Pro’s promotional materials, including a public customer list. 10Times Pro’s use of your trademarks shall at all times align to your current trademark use policies as made available to 10Times Pro and shall at all times inure to your benefit.
v. It is expressly agreed and established that these Terms of Service are agreed to, exclusively for the mutual benefit of the parties herein and that no benefits, rights, duties, or obligations are intended by this Terms of Service to the benefit of third parties.
i. 10Times Pro does not warrant or represent that the content of 10Times Pro’s websites, or other materials will meet your desires or that their use will be uninterrupted or blunder free. The total risk as to the excellence, presentation and use of the content rests solely with the subscriber. However 10Times Pro reserves the right to enhance or edit a submitted image or footage if such action will further add to the creativity and excellence of the content and will thereby bring about increased sale.
ii. Unless otherwise specified in the coupon; any coupon or discount code applies only to the first payment made in connection with a purchase.
iii. If you deploy any material as part of work product created for or delivered to an employer, you shall divulge the identities of such employer to 10Times Pro, upon 10Times Pro’s reasonable demand.
iv. These Terms of Service shall be understood neither against nor in favor of any party, but rather in agreement with the fair meaning of the language as used herein. These Terms of Service are governed by and shall be understood with regards to the laws of the Federal Republic of Nigeria, without respect to its conflict of laws and principles.
v. If any specific term of these Terms of Service is found to be unacceptable or unenforceable by law, such finding(s) will be limited solely to such unacceptable or unenforceable part, without affecting the remaining parts of such specific term, or any other part of these Terms of Service, so that these Terms of Service shall otherwise remain in full force and validity.
vi. In the event that you used counterfeit credit or debit card details to open an account or otherwise engage in any fraudulent activity that may affect 10Times Pro, 10Times Pro shall take prompt action and file a complaint with the internet crime complaint center, the Nigeria’s Economic and Financial Crimes Commission and other relevant agencies.
vii. For the purpose of ensuring best practice and ethical conduct, 10Times Pro has access to the chats between a freelancer and an employer and reserves the right to suspend or disable any account that goes against the provision of these terms of service and any of the reasons for which 10Times Pro was established.
viii. 10Times Pro retains the right to use all published delivered works for promotion and advertising purposes.
The following terms found in this document are used in the light of these definitions and meanings.
Contributor : a registered user of the website who uploads his intellectual properties for sale on the site including but not limited to images, videos, music, graphic design.
Buye r: a registered user of the website who purchases and downloads stock content(s) from the website for use.
Employer : a registered user of the website that seeks to obtain the service of a freelancer.
Freelancer : a registered user of the website who provides freelance services to employers and is not an employee of 10Times Pro.
Content: all resources accessible for license on 10Times Pro’s website, including but not limited to images, virtual studio sets, stage set, footages and music.
Footage: any moving images, animations, films, videos or other audio/visual creations, excluding still images, recorded in any format.
Image: still photographs, vectors, drawings, graphics, and the likes.
License: the permit to use any content from the 10Times Pro’s site.
Music: any lyrical and rhythmical compositions, master recordings, and any other recordings containing sounds or a series of sounds, in all formats, now known and hereinafter developed.
Visual Studio Set: any virtual studio or virtual set background which can be used in green or blue screen video productions.
Service fees : charges added to the payment an employer is to make for a freelance service.
Project : the work a freelancer does for an employer based on their agreement on the website.
Balance : the total amount of money a freelancer has in his account both from payment received as well as payments refunded due to cancelled order.
Revenue : money that a freelancer is eligible to withdraw being payment for completed projects.
Payment method : a valid credit card issued by a bank acceptable to 10Times Pro, a bank account linked to your account, a PayPal account, a debit card, or such other method of payment as 10Times Pro may accept from time to time in its sole discretion.
User content : comments, remarks, data, feedbacks, contents, texts, photographs, images, videos, music, or other information that you or any website visitor or user post to any part of the website or provide to 10Times Pro, including such information that is posted as a result of questions.
Model: a person/individual or any set of persons depicted in any visual content.
You : an individual who accesses this site or an agency on whose behalf any such person accesses or uses this site.
You may not use, or encourage, promote, facilitate, instruct or induce others to use, the website or website services for any activities that run contrary to any law, statute, ordinance or regulation; for any other illegal or fraudulent purpose or any purpose that is harmful to others; or to transmit, store, display, distribute or otherwise make available, content that is illegal, fraudulent or harmful to others.
In the light of this, 10Times Pro can by its discretion deny you access to all or any part of the website at any time, with or without notice, which may result in the forfeiture and loss of all information associated with your membership and account.