support@sxill.com

Terms of Service

Sxill's Terms Of Service

 Welcome to Sxill

The subsequent terms of service (referred to as "Terms of Service") govern your usage of the SXILL website ,encompassing all content, features, and services offered via www.sxill.com or the SXILL(the "Site"), provided by SXILL International. SXILL
International Ltd. and its affiliates are collectively referred to herein as
"SXILL," "we," or "us," while "you" or "user" pertains to you as a user of the Site.

Before commencing your use of the Site, we urge you to meticulously peruse
these Terms of Service. By accessing the Site, establishing an account, or
consenting to these Terms of Service when the option is presented, you signify
your acceptance and compliance, either on your own behalf or on behalf of your
employer or another relevant entity (if applicable), with these Terms of
Service and the SXILL Payment Terms, accessible here ("Payment
Terms"), which are integrally included in this agreement by reference.
Furthermore, you acknowledge that you have carefully read and comprehended our
Privacy Policy, accessible here. If you are disinclined to agree with these
Terms of Service or the Privacy Policy, refrain from accessing or utilizing the
Site. For more comprehensive guidelines pertaining to activities and usage on
the Site, kindly access the relevant sections herein.

This Site is accessible and open to users who have attained the age of 18
and possess the legal capacity to enter into binding agreements. If you are
below 18 years of age but at least 13, you may only utilize the Site through an
account owned by a parent or legal guardian who has granted appropriate
authorization. Users under the age of 13 are not sanctioned to use the Site or
SXILL services. When accessing the Site, you affirm and guarantee that you
fulfill all of the foregoing eligibility criteria. Failure to meet these
criteria necessitates refraining from accessing or utilizing the Site.

Our Customer Support unit is at your disposal 24/7 should you have inquiries
regarding the Site or the Terms of Service. You can get in touch with our
Customer Support unit by submitting a request here.

The primary language for these Terms of Service and all other content found
on the Site is English.



Overview (Main terms, in a nutshell)?

Registration: Only registered users can buy and sell on
Sxill, and signing up is free. When registering, you agree to provide accurate,
complete, and updated information, and you must not create an account for
fraudulent purposes. You are responsible for all activities on your account and
keeping your password secure.

Gig Pricing: Gigs on Sxill may start at a base price of $5,
though some may cost more, depending on the Seller's discretion.

Ordering: Buyers pay in advance to create an order. Orders
can be placed through the Buy Now/Add to cart button on a Seller's Gig page.

Fees and Payments: For detailed information on fees and
payments, please refer to the Payment Terms.

Order Fulfillment: Sellers must fulfill orders and should
not cancel them regularly or without valid reasons, as it can impact their
reputation and status on the platform.

Payment Methods: Users are required to use the order
placement system on Sxill.com for payments and should not make or accept
payments using alternative methods.

Ownership: When buying a Gig, Buyers usually gain full
rights to the delivered work, unless otherwise specified by the Seller. Some
Gigs may have additional charges for a Commercial Use License.

Sxill's Rights: Sxill retains the right to use delivered
works and Logo Designs for promotional purposes.

Privacy: Sxill values your privacy, and you can review our
Privacy Policy for more details.

Community Standards: Users agree to follow Sxill's
Community Standards, which are rules and guidelines for behavior within the
Sxill community, in addition to these Terms of Service.

 

BUYERS

Basics :

  • You may not offer direct payments to Sellers using payment systems
    outside of the Sxill platform.
  • Sxill retains the right to use all publicly published delivered works for Sxill marketing and promotional purposes.


Purchasing

Please refer to the Payment Terms for making Payments through the Sxill
platform and to learn about fees and taxes.

You may not offer Sellers to pay, or make payment using any method other
than through the Sxill.com site. In case you have been asked to use an
alternative payment method, please report it immediately to Customer
Support here.

ORDERS

Basics

Once payment is confirmed, your order will be created and given a unique Sxill order number (#SO).

Sellers must deliver completed files and/or proof of work using the
Deliver Work Page (located on the Delivery page) according to the service
that was purchased and advertised on their Gig.

The Deliver Work page may not be abused by Sellers to circumvent Order
guidelines described in these Terms of Service. Using the “Deliver Work” page
when an Order was not fulfilled may result in a cancellation of that Order
after review, affect the Seller’s rating, and result in a warning to
Seller.

An Order is marked as Complete after it is marked as Delivered and then
accepted by a Buyer. An Order will be automatically marked as Complete if
not accepted and no request for modification was submitted within 3 days
after the Order was marked as Delivered. The Buyer may extend such period
by up to 5 additional days.

We encourage our Buyers and Sellers to try and settle conflicts amongst
themselves. If for any reason this fails after using the Resolution Center
or if you encounter non-permitted usage on the Site, users can contact
Sxill's Customer Support department for assistance here. For more
information about disputes, Order cancellations, and refunds please refer
to the Payment Terms.

Handling Orders

When a Buyer orders a Gig, the Seller is notified by email.

Sellers are required to meet the delivery time they specified when
creating their Gigs. Failing to do so will allow the Buyer to cancel the
Order when an Order is marked as late and may harm the Seller's status.

Sellers must send completed files and/or proof of work using the Deliver
Completed Work page to mark the Order as Delivered.

Users are responsible for scanning all transferred files for viruses and
malware. Sxill will not be held responsible for any damages that might
occur due to site usage, use of content, or files transferred.

Buyers may use the "Request Revisions" feature located on the delivery
mail while an Order is marked as Delivered if the delivered materials do
not match the Seller's description on their Gig page or they do not match
the requirements sent to the Seller at the beginning of the order process.

Reviews

Reviews provided by Buyers are an essential part of Sxill's rating
system. To Learn more about Sxill’s review system, please see here.

Reviews will not be removed unless there are clear violations of our Terms
of Service and/or our Community Standards.

To prevent any misuse of our review system, all reviews must come from
legitimate and eligible orders, as further detailed here. Purchases
arranged, determined to artificially enhance Seller ratings, or to abuse
the Sxill platform, will result in a permanent suspension of all related
accounts.

Withholding the delivery of services, files, or information required to
complete the Gig’s service with the intent to gain favorable reviews or
additional services is prohibited. Sellers may not solicit the removal of
feedback reviews from their Buyers through mutual cancellations.

Once both Seller and Buyer have completed their reviews, or the applicable
review period has passed, all posted reviews are made public.

 

 

SELLERS

BASICS :
  • Sellers create Gigs on Sxill to allow Buyers to purchase their services.
  • Sellers may also offer Custom Offers to Buyers in addition to their Gigs.
  • Each Gig you sell and successfully complete, accredits your account with a revenue equal to % of the purchase amount.
  • Sxill accredits Sellers once an order is completed. See our "Orders" section below for a definition of a completed order.
  • For more information about receiving payments, fees, and taxes see the Payment Terms.
    Sellers may not promote their Gigs or any Sxill content via the Google Ads platform.
  • For security concerns, Sxill may temporarily disable a Seller’s ability to withdraw revenue to prevent fraudulent or illicit activity. This may come as a result of security issues, improper behavior reported by other users, or associating multiple Sxill accounts to a single withdrawal provider.

MEMBERSHIP

Transparency: At SXILL, we believe in transparency. While we provide a platform for you to showcase your skills and services, it's important to note that success on our platform depends on various factors, including demand for your services, quality of your offerings, and competition within your niche.

Market Dynamics: Just like any marketplace, the success of your services on SXILL is subject to market dynamics. We cannot guarantee a certain volume of sales or specific earnings, as these factors can fluctuate based on the demand from buyers and other market variables.

Competition: SXILL hosts a diverse community of talented sellers offering a wide range of services. While this creates opportunities for collaboration and exposure, it also means that competition exists within the platform. Standing out and attracting buyers requires strategic positioning and continuous effort on your part.

Quality Matters: Our platform values quality and professionalism. To increase your chances of success, focus on delivering high-quality services, maintaining excellent communication with your clients, and building a strong reputation through positive reviews and ratings.

Marketing and Promotion: While SXILL provides tools and features to promote your services, including featured listings and social sharing options, the responsibility for marketing your services ultimately lies with you. Utilize these tools effectively and consider implementing your own marketing strategies to attract potential buyers.

Continuous Improvement: Success on SXILL often requires continuous learning and adaptation. Stay updated on industry trends, refine your skills, and be open to feedback from clients to improve your services and enhance your selling experience on the platform.

Patience and Persistence: Building a successful freelance business takes time and perseverance. While some sellers may experience rapid success, for others, it may take longer to establish a steady stream of clients. Stay patient, stay persistent, and keep refining your approach to maximize your potential on SXILL.

By incorporating these points into your membership signup page, you can ensure that prospective sellers have a clear understanding of the factors that influence success on SXILL and are prepared to navigate the platform effectively.

Membership cancellation policy effectively:

Membership Cancellation Policy:

Once a membership is purchased on Sxill.com, it is non-refundable.
We regret to inform you that there are no refunds for membership cancellations.
Please be aware that membership cancellation is not permitted solely due to a change in preference or decision not to utilize Sxill's services.


Commitment to Membership:

By signing up for membership on Sxill.com, you are committing to the agreed-upon duration.
We encourage members to fully explore and utilize the benefits of their membership.
Membership cancellation is only applicable under specific circumstances outlined in our terms and conditions.


Understanding Membership Terms:

Prior to purchasing a membership, we urge you to review our terms and conditions regarding cancellation policies.
It is important to understand that membership fees are non-transferable and non-refundable.


Clarification on Membership Cancellation:

We want to emphasize that cancellation of membership is not an option based on personal preferences or dissatisfaction with the platform.
Membership fees contribute to the ongoing support and maintenance of our platform, enabling us to provide valuable services to our members.


Contact for Further Assistance:


If you have any questions or concerns regarding our membership cancellation policy, please feel free to contact our support team.
We are here to assist you and provide clarification on any aspects of our membership terms and conditions.

GigsÂź

Gigs created on Sxill are User Generated Content.

Gigs and/or users may be removed by Sxill from the Site for violations of these Terms of Service and/or our Community Standards, which may include (but are not limited to) the following violations and/or materials:


  • Illegal or Fraudulent services
  • Copyright Infringement, Trademark Infringement, and violation of a third party's terms of service reported through our Intellectual Property Claims Policy found here
  • Adult oriented services, Pornographic, Inappropriate/Obscene
  • Intentional copies of Gigs
  • Spam, nonsense, or violent or deceptive Gigs
  • Gigs misleading to Buyers or others
  • Reselling of regulated goods
  • Offering to prepare academic works on behalf of Buyers
  • Low quality services or deliveries
  • Promoting Sxill and/or Sxill Gigs through activities that are prohibited by any laws, regulations, and/or third parties' terms of service, as well as through any marketing activity that negatively affects our relationships with our users or partners.
  1. Gigs that are removed for violations mentioned above may result in the suspension of the Seller’s account on SXILL.
  2. Gigs that are removed for violations are not eligible to be restored or edited on SXILL.
  3. Gigs may be removed from our listings on SXILL due to poor performance and/or user misconduct.
  4. Gigs on SXILL may include pre-approved website URLs contained within the Gig description and requirements box. Gigs containing websites promoting content that violates SXILL’s Terms of Service and/or our Community Standards will be removed.
  5. Gigs on SXILL are required to have an appropriate Gig image related to the service offered. An option to upload two additional Gig images is available to all Sellers on SXILL. Sellers must deliver the same quality of service as shown on their Gig images. Recurring deliveries that don’t match the quality shown on the Gig images may lead to the Seller’s account losing Seller status or becoming permanently disabled.
  6. Gigs on SXILL may contain an approved Gig Video uploaded through the Gig management tools available on SXILL.
  7. Statements on the Gig Page that undermine or circumvent these Terms of Service are prohibited on SXILL.
  8. Eligible Gigs in select Categories on SXILL may set up Gig Packages to offer their services in structured formats with multiple price points for the selected Gig.
  9. Certain categories on SXILL are available only to Pro Freelancers to create Gigs. If you are not a Pro Freelancer, creating a Gig for services available to Pro only may result in the removal of your Gig.

User Conduct and Protection

SXILL enables people around the world to create, share, sell, and purchase nearly any service they need at an unbeatable value. Services offered on SXILL reflect the diversity of an expanding Gig economy. Members of the SXILL community communicate and engage through orders, social media, and on SXILL’s Community Forums.

SXILL maintains a friendly, community-spirited, and professional environment. Users should keep to that spirit while participating in any activity or extensions of SXILL. This section relates to the expected conduct users should adhere to while interacting with each other on SXILL.

To report a violation of our Terms of Service and/or our Community Standards, User Misconduct, or inquiries regarding your account, please contact our Customer Support team here.

Basics

  1. Requesting or providing email addresses, Skype/IM usernames, telephone numbers, or any other personal contact details to communicate outside of SXILL to circumvent or abuse the SXILL messaging system or SXILL platform is not permitted.
  2. Any necessary exchange of personal information required to continue a service may be exchanged within the Order Page on SXILL.
  3. SXILL does not provide any guarantee of the level of service offered to Buyers. You may use the dispute resolution tools provided to you on the Order Page.
  4. SXILL does not provide protection for users who interact outside of the SXILL platform.
  5. All information and file exchanges must be performed exclusively on SXILL's platform.
  6. Rude, abusive, improper language, or violent messages will not be tolerated and may result in an account warning or the suspension/removal of your account on SXILL.
  7. SXILL is open to everyone. You undertake not to discriminate against any other user based on gender, race, age, religious affiliation, sexual orientation, or otherwise, and you acknowledge that such discrimination may result in the suspension/removal of your account on SXILL.
  8. Users may not submit proposals or solicit parties introduced through SXILL to contract, engage with, or pay outside of SXILL.

Orders

  1. Users with the intention to defame competing Sellers by ordering from competing services will have their reviews removed or further account status related actions determined by review by our Trust & Safety team on SXILL.
  2. Users are to refrain from spamming or soliciting previous Buyers or Sellers to pursue removing/modifying reviews or canceling orders that do not align with Order Cancellation or Feedback policies on SXILL.

Gigs

  1. Users may report Gigs to Customer Support on SXILL that may be in violation of SXILL’s Terms of Service based on the reported Gig’s replicated similarity to pre-existing services (copycat Gigs).
  2. Sellers warrant that any content included in their Gigs on SXILL shall be original work conceived by the Sellers and shall not infringe any third party rights, including, without limitation, copyrights, trademarks, or service marks. In the event that certain music or stock-footage media are incorporated within the Gigs, Sellers represent and warrant that they hold a valid license to use such music and/or footage and to include them in the Gigs on SXILL.
  3. SXILL will respond to clear and complete notices of alleged copyright or trademark infringement on SXILL. Our Intellectual Property claims procedures can be reviewed here.

Reporting Violations

  1. If you come across any content that may violate our Terms of Service and/or our Community Standards on SXILL, you should report it to us through the appropriate channels created to handle those issues as outlined in our Terms of Service on SXILL. All cases are reviewed by our Trust & Safety team. To protect individual privacy, the results of the investigation are not shared. You can review our Privacy Policy for more information.

Violations

  1. Users may receive a warning to their account for violations of our Terms of Service and/or our Community Standards or any user misconduct reported to our Trust and Safety team on SXILL. 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 on SXILL.

Non-Permitted Usage

  1. Adult Services & Pornography - SXILL does not allow any exchange of adult-oriented or pornographic materials and services on SXILL.
  2. Inappropriate Behavior & Language - Communication on SXILL should be friendly, constructive, and professional. SXILL condemns bullying, harassment, and hate speech towards others on SXILL. 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 on SXILL.
  3. Phishing and Spam - Members’ security is a top priority on SXILL. 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 with offers, questions, suggestions, or anything which is not directly related to their Gigs or orders on SXILL.
  4. Privacy & Identity - You may not publish or post other people's private and confidential information on SXILL. Any exchange of personal information required for the completion of a service must be provided in the Order Page on SXILL. 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 SXILL will not be protected by our Terms of Service on SXILL.
  5. Authentic SXILL Profile - You may not create a false identity on SXILL, misrepresent your identity, create an SXILL profile for anyone other than yourself (a real person), or use or attempt to use another user’s account or information; Your profile information, including your description, skills, location, etc., must be accurate and complete and may not be misleading, illegal, offensive, or otherwise harmful on SXILL. SXILL reserves the right to require users to go through a verification process in order to use the Site (whether by using ID, phone, camera, etc.).
  6. Intellectual Property Claims - SXILL will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s terms of service. Our Intellectual Property claims procedures can be reviewed here.
  7. Fraud / Unlawful Use - You may not use SXILL for any unlawful purposes or to conduct illegal activities on SXILL.
  8. Abuse and Spam

Proprietary Restrictions

  1. The Site, including its general layout, look and feel, design, information, content, and other materials available thereon, is exclusively owned by SXILL and protected by copyright, trademark, and other intellectual property laws. SXILLÂź, GigÂź and GigsÂź are all registered trademarks owned exclusively by SXILL. Users have no right, and specifically agree not to do the following with respect to the Site or any part, component, or extension of the Site (including its mobile applications) on SXILL.
  2. Feedback Rights - To the extent that you provide SXILL with any comments, suggestions, or other feedback regarding the SXILL platform or the Site as a whole, as well as other SXILL products or services (collective, the “Feedback”), you will be deemed to have granted SXILL an exclusive, royalty-free, fully paid-up, perpetual, irrevocable, worldwide ownership rights in the Feedback on SXILL. SXILL is under no obligation to implement any Feedback it may receive from users on SXILL.
  3. Confidentiality - Sellers on SXILL should recognize that there might be a need for Buyers to disclose certain confidential information to be used by Sellers for the purpose of delivering the ordered work, and to protect such confidential information from unauthorized use and disclosure on SXILL. Therefore, Sellers agree to treat any information received from Buyers as highly sensitive, top-secret, and classified material on SXILL. Without derogating from the generality of the above, Sellers specifically agree to (i) maintain all such information in strict confidence; (ii) not disclose the information to any third parties; (iii) not use the information for any purpose except for delivering the ordered work; and (iv) not to copy or reproduce any of the information without the Buyer’s permission on SXILL.

General Terms & User Generated Content

General Terms

  1. SXILL reserves the right to put any account on hold or permanently disable accounts due to breach of these Terms of Service and/or our Community Standards, including low-quality services or deliveries, or due to any illegal or inappropriate use of the Site or services.
  2. Violation of SXILL's Terms of Service and/or our Community Standards may get your account disabled permanently.
  3. Users with disabled accounts will not be able to sell or buy on SXILL.
  4. Users who have violated our Terms of Service and/or our Community Standards and had their account disabled may contact our Customer Support team for more information surrounding the violation and status of the account.
  5. Users have the option to enable account Security features on SXILL to protect their account from any unauthorized usage.
  6. Users must be able to verify their account ownership through Customer Support by providing materials that prove ownership of that account.
  7. Disputes should be handled using SXILL's dispute resolution tools ('Resolution Center' on the order page) or by contacting SXILL Customer Support.
  8. SXILL may make changes to its Terms of Service from time to time. When these changes are made, SXILL will make a new copy of the terms of service available on this page.
  9. You understand and agree that if you use SXILL after the date on which the Terms of Service have changed, SXILL will treat your use as acceptance of the updated Terms of Service.

User Generated Content

  1. User Generated Content ("UGC") refers to the content added by users as opposed to content created by the Site. All content uploaded to SXILL by our users (Buyers and Sellers) is User Generated Content. SXILL does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights, or violations, and the user uploading/creating such content shall be solely responsible for it and the consequences of using, disclosing, storing, or transmitting it. By uploading to, or creating content on, the SXILL platform, you represent and warrant that you own or have obtained all rights, licenses, consents, permissions, power, and/or authority, necessary to use and/or upload such content and that such content or the use thereof on the Site does not and shall not (a) infringe or violate any intellectual property, proprietary or privacy, data protection, or publicity rights of any third party; (b) violate any applicable local, state, federal and international laws, regulations, and conventions; and/or (c) violate any of your or third party’s policies and/or terms of service. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled.
  2. Furthermore, SXILL is not responsible for the content, quality, or the level of service provided by the Sellers (even if they are Pro Freelancers, Top Rated Sellers, offer Promoted Gigs, or otherwise). We provide no warranty with respect to the Gigs, their delivery, any communications between Buyers and Sellers, and the Logo Designs created through the Logo Maker. We encourage users to take advantage of our rating system, our community, and common sense in choosing appropriate services.
  3. By offering a service, the Seller undertakes that they have sufficient permissions, rights, and/or licenses to provide, sell, or resell the service that is offered on SXILL. Sellers advertising online their Gig or Logo Design created through the Logo Maker 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 Gig or Logo Design from the Logo Maker, as applicable, and may lead to the suspension of Seller's account.
  4. For specific terms related to Intellectual Property rights and for reporting claims of copyright infringement (DMCA notices) or trademark infringement - please see our Intellectual Property Claims Policy which forms an integral part of these Terms of Service. Note that it is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Ownership

  1. Ownership and limitations: When purchasing a Gig on SXILL, unless clearly stated otherwise on the Seller's Gig page/description, when the work is delivered, and subject to payment, the Buyer is granted all intellectual property rights, including but not limited to, copyright in the work delivered from the Seller, and the Seller waives any and all moral rights therein. Accordingly, the Seller expressly assigns to the 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 Gig, and the delivery may not be used if payment is canceled for any reason. For removal of doubt, in custom created work (such as art work, design work, report generation etc.), the delivered work and its copyright shall be the exclusive property of the Buyer and, upon delivery, the Seller agrees that it thereby, pursuant to these Terms of Service, assigns all right, title, and interest in and to the delivered work to the Buyer. Some Gigs (including for custom created work) charge additional payments (through Gig Extras) for a Commercial Use License. This means that if you purchase the Gig for personal use, you will own all rights you require for such use, and will not need the Commercial Use License. If you intend to use it for any charge or other consideration, or for any purpose that is directly or indirectly in connection with any business, or other undertaking intended for profit, you will need to buy the Commercial Use License through a Gig Extra and will have broader rights that cover your business use.
  2. For Voice Over Gigs, 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 Voice Over 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 Gig Extra. If you intend to use the Voice Over in radio, television, and internet commercials, you will need to purchase the Full Broadcast Rights (Buy-Out) through Gig Extra. For further information on the type of buy-outs, please read below.
  3. Furthermore, users (both Buyers and Sellers) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to SXILL, including Gig texts, photos, videos, usernames, user photos, user videos, and any other information, including the display of delivered work, may be used by SXILL for no consideration for marketing and/or other purposes.

Voice Over Commercial Buy-Out

  1. When purchasing a Voice Over Gig, 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).
  2. By purchasing a Commercial Rights (Buy-Out) with your order, in addition to the basic rights, the Seller grants you a license to use the Voice Over for any corporate, promotional, and non-broadcast purposes. Corporate, promotional, and non-broadcast purposes mean any business-related use for the creation of, or to promote a for-profit product 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 exclude any illegal, immoral, or defamatory purpose.
  3. By purchasing a Full Broadcast Rights (Buy-Out) with your order, in addition to the Commercial Rights, the Seller grants you a license for full broadcasting, which includes internet, radio, and TV "paid channels" including (by way of example): television commercials, radio commercials, internet radio, and music/video streaming platforms, and strictly excludes any illegal, immoral, or defamatory purpose.
  4. This Buy-Out is subject to SXILL'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 SXILL 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.

Gig Commercial Use License

  1. By purchasing a “Commercial Use License” with your Gig Order, the Seller grants you a perpetual, exclusive, non-transferable, worldwide license to use the purchased delivery for Permitted Commercial Purposes. For the avoidance of doubt, the Seller retains all ownership rights. “Permitted Commercial Purposes” means any business-related use, such as (by way of example) advertising, promotion, creating web pages, integration into product, software, or other business-related tools, etc., and strictly excludes any illegal, immoral, or defamatory purpose. This License is subject to SXILL’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 SXILL 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.

Disclaimer of Warranties

  1. YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER SXILL NOR ANY PERSON ASSOCIATED WITH SXILL MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE.
  2. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Machine Translation

  1. Certain user-generated content on the Site has been translated for your convenience using translation software powered by Amazon or Google. Reasonable efforts have been made to provide an accurate translation; however, no automated translation is perfect nor is it intended to replace human translators. Such translations are provided as a service to users of the Site, and are provided "as is". No warranty of any kind, either expressed or implied, is made as to the accuracy, reliability, or correctness of such translations made from English into any other language. Some user-generated content (such as images, videos, Flash, etc.) may not be accurately translated or translated at all due to the limitations of the translation software.
  2. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties of merchantability, fitness for a particular purpose and noninfringement.
  3. The official text is the English version of the Site. Any discrepancies or differences created in the translation are not binding and have no legal effect for compliance or enforcement purposes. If any questions arise related to the accuracy of the information contained in the translated content, please refer to the English version of the content, which is the official version.

Limitation on Liability

IN NO EVENT WILL SXILL, 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 SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE 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.