TheXPlace Inc
Terms of Service
As of January, 2022
By accessing the website at thexplace.ai, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
We may revise this Agreement at any time by updating this area of the website and Marketplace and making you aware of the updated terms. Your use, or other method of legal acceptance, of the website or Marketplace after any changes have been posted will constitute your agreement to the modified Agreement and all the changes.
We may revise this Agreement at any time by updating this area of the website and Marketplace and making you aware of the updated terms. Your use, or other method of legal acceptance, of the website or Marketplace after any changes have been posted will constitute your agreement to the modified Agreement and all the changes.
1. General Use
- i. You may only use the Services if you are (a) over eighteen (18) years old or (b) allowed by law considered to be the age of majority and eligible to enter into a binding contract and agree for us to process your Information
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ii. You must be a either a Talent or a Hirer, as defined below:
- 1. You are either a “Talent” such as, but not limited to, an artist, writer, graphic designer, illustrator, animator, photographer, director, or producer. OR
- 2. You are a “Hirer”, such as the human resource manager, hiring supervisor, project manager, or other authorized personnel of a company directly in need of talent for projects.
- iii. While TheXPlace Inc values our global community of users, we regret the need to impose access restrictions of our site for users in certain locations. The United States export control regulations prohibit U.S. businesses from offering services to users in specific sanctioned regions. In order to comply with these regulations and the U.S. Law, users from the following locations are not permitted to use TheXPlace Inc. 1. Iran
2. North Korea
3. Syria
4. Crimea, region of Ukraine
5. Cuba
6. Individual nationals of Cuba
7. Russia
6. Belarus
More information about the sanctions programs administered by the Office of Foreign Assets Control ("OFAC") of the US Department of the Treasury is available at https://www.treasury.gov/resource-center/sanctions/pages/default.aspx.
2. Refusal and / or Termination of Services
a. We reserve the right to refuse Services to anyone for any reason at any time, including but not limited to breaches of this Agreement, reasonably suspected misuse of the services or concerns about actual or suspected unauthorized access or security breaches. Examples of misuse of the services subject to refusal of service and removal from the Marketplace include, but are not limited to:
i. Creating fake job postings
ii. Creating more than one soloist account
iii. Creating a false account for reciprocal review purposes
iV. Accepting payments outside of TheXPlace for collaborations and work sourced through TheXPlace marketplace
b. TheXPlace Inc reserves the right to, at any time, temporarily or permanently, modify or discontinue any features associated with the Services with or without notice and for any reason, including performing maintenance, repairs, or upgrades.
i. Creating fake job postings
ii. Creating more than one soloist account
iii. Creating a false account for reciprocal review purposes
iV. Accepting payments outside of TheXPlace for collaborations and work sourced through TheXPlace marketplace
b. TheXPlace Inc reserves the right to, at any time, temporarily or permanently, modify or discontinue any features associated with the Services with or without notice and for any reason, including performing maintenance, repairs, or upgrades.
3. Nondiscrimination Statement
a. TheXPlace Inc creates economic opportunities for gaming Talent and a diverse recruitment pool for Hirers. At the core of who we are, we believe these opportunities should be equally available to all qualified talent in our marketplace community, regardless of background, nationality, race, ethnicity, sex, gender, disability, veteran status, marital status, or other characteristics that are protected by fair labor principles. A condition of using the TheXPlace is your agreement not to engage in any unlawful discrimination or harassing conduct. Such conduct is not permitted and will not be tolerated on our Marketplace. TheXPlace Inc will take actions to enforce this policy. Users engaging in this activity are subject to Account closure. Please bring any reports of discrimination or harassment to our attention at legal@thexplace.ai.
4. Code of Conduct
a. We ask that our users conduct themselves in a professional, humanly respectful manner when interacting with each other as well as our team. Any behavior deemed inappropriate will not be tolerated and will result in immediate action, including possible removal from the marketplace.
5. Disclaimer
a. The materials on TheXplace Inc's website are provided on an 'as is' basis. TheXplace Inc makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
b. Further, TheXPlace Inc does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
c. Some user content may include content appropriate only for mature audiences.
b. Further, TheXPlace Inc does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
c. Some user content may include content appropriate only for mature audiences.
6. Limitations
a. In no event shall TheXplace Inc or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials or connections made on TheXplace Inc's website, even if TheXplace Inc or a TheXplace Inc authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
7. Accuracy of materials
The materials appearing on TheXplace Inc website could include technical, typographical, photographic errors or incorrect information posted by the users of the site. TheXplace Inc does not warrant that any of the materials on its website are accurate, complete or current. TheXPlace Inc may make changes to the materials contained on its website at any time without notice. However, TheXPlace Inc does not make any commitment to update the materials. Although we are not obligated to monitor access to or use of the Site or to review or edit any Content or User Content, we have the right to do so for the purpose of operating and publishing the Site, to ensure compliance with these terms of service, to protect the health or safety of anyone that we believe may be threatened, to protect our legal rights and remedies, to report a crime or offensive behavior, or to comply with applicable law. We may (but don’t have to) remove or disable access to any Content or User Content, at any time and without notice. We may (but don’t have to) investigate violations of these terms of service or conduct that affects the website.
8. Ownership of Materials
a. Content. TheXPlace Inc and its licensors own all title, ownership and intellectual property rights in the website (including all Content therein), except for User Content. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site. You understand and agree that you have no ownership interest in the Site or any Content therein. In the event that we in our sole discretion conclude that you are violating these terms of service, you agree that we may exercise any or all of our rights under these terms of service, including termination of these terms of service and your access to our website.
b. User Content. “User Content” means any content that you or someone else, whether alone or collectively, create or obtain outside this website and any services provided by TheXPlace Inc. By making User Content available through the website or any other services provided by TheXPlace Inc., you hereby grant us the following license: a non-exclusive, transferable, worldwide, royalty-free license, with rights to sublicense, to use, modify, copy, create derivative works based upon, publicly display and perform, and distribute your User Content in connection with operating TheXPlace website. Except as prohibited by law, you waive any “moral rights,” “droit moral,” or similar rights in any country to any User Content.
c. By using our services, you agree and confirm that you have sufficient rights to upload and share your User Content and that you have license to use such material sand inherently grant that license to TheXPlace to post and promote any material you share.
b. User Content. “User Content” means any content that you or someone else, whether alone or collectively, create or obtain outside this website and any services provided by TheXPlace Inc. By making User Content available through the website or any other services provided by TheXPlace Inc., you hereby grant us the following license: a non-exclusive, transferable, worldwide, royalty-free license, with rights to sublicense, to use, modify, copy, create derivative works based upon, publicly display and perform, and distribute your User Content in connection with operating TheXPlace website. Except as prohibited by law, you waive any “moral rights,” “droit moral,” or similar rights in any country to any User Content.
c. By using our services, you agree and confirm that you have sufficient rights to upload and share your User Content and that you have license to use such material sand inherently grant that license to TheXPlace to post and promote any material you share.
9. Indemnity
You agree to indemnify (in other words, compensate for all and any losses incurred), pay the defense costs of, and hold TheXplace and their employees, officers, directors, agents, contractors, and other representatives harmless from all claims, demands, actions, losses, liabilities, costs and expenses (including, without limitation, attorneys’ fees, costs, and expert witnesses’ fees) that arise out of or in any way are connected with: (a) your access to or use of the website or our services; or (b) any claim that, if true, would constitute a breach by you of these terms of service, including without limitation a breach of Section 8, above. You agree to reimburse us for any payments made or loss suffered by us, whether in a court judgment or settlement, based on any matter covered by this Section 9.
10. Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THEXPLACE INC WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT, PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, INABILITY TO USE OR RESULTS OF USE OF THIS SITE OR ANY CONTENT ON OR IN THIS SITE, EVEN IF THEXPLACE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE
Notwithstanding the foregoing, some countries, states, provinces or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated above, so the above terms may not apply to you. Instead, in such jurisdictions, the foregoing exclusions and limitations will apply to the maximum extent permitted by the laws of such jurisdictions. Also, you may have additional legal rights in your jurisdiction.
11. Links
a. TheXPlace Inc has not reviewed all of the sites linked to its website or listed on any users profile and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by TheXPlace Inc of the site. Use of any such linked website is at the user's own risk.
12. Modifications
a. TheXPlace Inc may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.
13. Governing Law
a. These terms and conditions are governed by and construed in accordance with the laws of California and you irrevocably submit to the exclusive jurisdiction of the courts in Santa Clara County, California.
Digital Millennium Copyright Act – TheXPlace Inc
You are now reading TheXPlace Inc.’s DMCA Takedown Policy. Remember that your use of our Services is at all times subject to the applicable Terms of Use, which incorporates this DMCA Takedown Policy. Any terms we use here without defining them have the definitions given to them in the Terms of Use.
I. Digital Millennium Copyright Act.
In accordance with the Digital Millennium Copyright Act, TheXPlace, Inc. (“TheXPlace”) has adopted the general policy below toward copyright infringement. The address of TheXPlace’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this Policy.
II. Protection of intellectual property rights.
TheXPlace respects the intellectual property rights of others and expects you to do the same. We reserve the right to: (1) block access to, or remove, material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our affiliates, content providers, members or Users, and advertisers, if any; and (2) remove and discontinue service to repeat offenders.
III. Procedure for Reporting Copyright Infringements
A. Infringement Notification. If you believe that material or content residing on, or accessible through, the Services infringes your copyright (or the copyright of someone whom you are authorized to act on behalf of), please send a notice of copyright infringement containing the following information to the Designated Agent:
C. Procedure to Supply a Counter-Notice to the Designated Agent. If the content provider, member or User believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider, member or User believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or, pursuant to the law, the content provider, member, or User has the right to send us a counter-notice containing the following information to our Designated Agent:
If a counter-notice is received by the Designated Agent, TheXplace may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or User accused of committing infringement, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at our discretion.
Please contact the below- Designated Agent to Receive Notification of Claimed Infringement at the following address:
Attn: EVP Legal Affairs
Re: Copyright Claim
TheXplace, Inc.
Email: legal@thexplace.ai
I. Digital Millennium Copyright Act.
In accordance with the Digital Millennium Copyright Act, TheXPlace, Inc. (“TheXPlace”) has adopted the general policy below toward copyright infringement. The address of TheXPlace’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this Policy.
II. Protection of intellectual property rights.
TheXPlace respects the intellectual property rights of others and expects you to do the same. We reserve the right to: (1) block access to, or remove, material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our affiliates, content providers, members or Users, and advertisers, if any; and (2) remove and discontinue service to repeat offenders.
III. Procedure for Reporting Copyright Infringements
A. Infringement Notification. If you believe that material or content residing on, or accessible through, the Services infringes your copyright (or the copyright of someone whom you are authorized to act on behalf of), please send a notice of copyright infringement containing the following information to the Designated Agent:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- A description sufficient to identify of works or materials that you claim has been infringed;
- A description of where the allegedly infringing material is located, with sufficient detail so that TheXPlace is capable of finding and verifying its existence; Your contact information including address, telephone number and email address;
- A statement that you have a good faith belief that the material identified in (1)(c) is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf.
- Remove or disable access to the infringing material;
- Notify the content provider, member or User who is accused of infringement that we have removed or disabled access to the applicable material; and
- Terminate such content provider’s, member’s or User’s access to the Services if he or she is a repeat offender.
C. Procedure to Supply a Counter-Notice to the Designated Agent. If the content provider, member or User believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider, member or User believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or, pursuant to the law, the content provider, member, or User has the right to send us a counter-notice containing the following information to our Designated Agent:
- A physical or electronic signature of the content provider, member or User;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
- A statement that the content provider, member or User has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
- Content provider’s, member’s or User’s name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s or User’s address is located, or, if the content provider’s, member’s or User’s address is located outside the United States, for any judicial district in which TheXplace is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, TheXplace may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or User accused of committing infringement, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at our discretion.
Please contact the below- Designated Agent to Receive Notification of Claimed Infringement at the following address:
Attn: EVP Legal Affairs
Re: Copyright Claim
TheXplace, Inc.
Email: legal@thexplace.ai