Terms of Service
Last Update: January 2021
Welcome to Shocchol.com.
The following terms of service (hereinafter “Terms of Service”), govern your access to and use of the Shocchol.com website and mobile application, including any content, functionality and services offered on or through shocchol.com or the Shocchol mobile application (hereinafter the “Site”) by Shocchol Outsourcing Firm as applicable. Shocchol Outsourcing Firm and its subsidiaries are collectively referred hereto as “Shocchol.com” “we” or “us” and “you” or “user” means you as a user of the Site.
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 Shocchol.com 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.
The original language of these Terms of Service, as well as all other texts throughout the Site, is English. And Customer Service is available in both Bangla and English. Shocchol.com makes available this translation for convenience only. In case of conflicts between the original English version and any translation, the English version shall prevail.
Buyers are users who purchase services on Shocchol.com.
Custom Offers are exclusive proposals that a Seller can create in response to specific requirements of a Buyer.
Requests or Custom Orders are job offers made by a Buyer to receive a Custom Offer from a Seller.
Order Additionals are additional services offered on top of the Seller’s Gig for an additional price defined by the Seller.
Job Packages allow Sellers to offer services in different formats and prices. Packages can include upgrades, which lets Sellers price their service for a basic price.
Job Page is where the Seller can describe their Gig and the Gig’s terms, and the Buyer can purchase the Gig and create an order.
Jobs / Gigs® are services offered on Shocchol.com.
Order Page is where Buyers and Sellers communicate with each other in connection with an ordered Gig.
Orders are the formal agreements between a Buyer and Seller after a purchase was made from the Seller’s Job Page.
Sellers are users who offer and perform services through Gigs or Jobs on Shocchol.com.
Overview (Main terms, in a nutshell)
- Only registered users may buy and sell on Shocchol.com. Registration is free. In registering for an account, you agree to provide us with accurate, complete and updated information and must not create an account for fraudulent or misleading purposes. You are solely responsible for any activity on your account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your account.
- Buyers pay Shocchol.com in advance to create an order.
- Orders are purchased through the Order button (BUY NOW FOR *price) found on a Seller’s Job page or through a Custom Offer.
- For fees and payments please read the Transaction & Disbursement Policy.
- Sellers must fulfill their orders, and may not cancel orders on a regular basis (not more than 5 times) or without cause. Cancelling orders will affect Sellers’ reputation and status.
- Sellers gain account statuses (Levels) based on their performance and reputation. Advanced levels provide their owners with benefits, including offering services for higher prices through Job Additionals, or selling their Gig in multiples.
- Users may not offer or accept payments using any method other than placing an order through Shocchol.com.
- When purchasing a Gig, Buyers are granted all rights for the delivered work, unless otherwise specified by the Seller on their Gig page. Note: some Gigs charge additional payments (through Job Additional) for Commercial Use License. See our “Ownership” and “Commercial Use License” sections below for more information.
- Shocchol.com retains the right to use all published delivered works and Logo Designs for Shocchol.com marketing and promotion purposes.
- Users undertake to comply with Shocchol.com’s Community Standards, which are a set of behavior rules and guidelines, applicable to the Shocchol.com community and marketplace in addition to these Terms of Service, as updated from time to time.
- Sellers create Jobs/Gigs on Shocchol.com 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 90% of the purchase amount.
- Shocchol.com 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 Transaction & Disbursement Policy.
- The Seller’s rating is calculated based on the order reviews posted by Buyers. High ratings allow Sellers to obtain advanced Seller levels (see Levels below). In certain cases, exceedingly low ratings may lead to the suspension of the Seller’s account.
- For security concerns, Shocchol.com 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 Shocchol.com accounts to a single withdrawal provider.
- Any attempt to provide/demand any contact details (Example: Facebook profile, Email, Mobile Number, etc.) to/from buyers goes against our terms of service. Shocchol.com will permanently disable a Seller’s account/ability to withdraw revenue without further notice/warning if find such type of prohibited activities.
- Sellers are responsible for obtaining a general liability insurance policy with coverage amounts that are sufficient to cover all risks associated with the performance of their services.
- Gigs created on Shocchol.com are User Generated Content.
- Gigs and/or users may be removed by Shocchol.com 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
- 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
- Services that extend beyond 30 days of service duration
- Exceedingly low-quality Gigs
- Promoting Shocchol.com and/or Shocchol.com 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.
- Gigs that are removed for violations mentioned above, may result in the suspension of the Seller’s account.
- Gigs that are removed for violations are not eligible to be restored or edited.
- Gigs may be removed from our Search feature due to poor performance and/or user misconduct.
- Gigs may include pre-approved website URLs contained within the Gig description and requirements box. Gigs containing websites promoting content, which violates Shocchol.com’s Terms of Service and/or our Community Standards, will be removed.
- Gigs are required to have an appropriate Gig image related to the service offered. An option to upload two additional Gig images are available to all Sellers. 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.
- Gigs may contain an approved Gig Video uploaded through the Gig management tools available on Shocchol.com.
- Statements on the Gig Page that undermine or circumvent these Terms of Service is prohibited.
- Eligible Gigs in select Categories may set up Gig Packages to offer their services in structured formats with multiple price points for the selected Gig.
- Certain categories are available only to Pro Sellers to create Gigs. If you are not a Pro Seller, creating a Gig for services available to Pro only may result in removal of your Gig.
Gig® Extras/ Job Additionals
- Gig Extras are additional services offered on top of the Seller’s Gig for an additional price defined by the Seller.
- Gig Extras may be removed for violations of our Terms of Service and/or our Community Standards. For specific terms, please see the Gigs section above for a list of services that violate our Terms of Service. Gigs are subject to be removed due to violations found in Gig Extras.
- The amount of Gig Extras, which can be offered, and the price for each Gig Extra, is based on your Seller Level.
- Services offered through Gig Extras must be related to the base service and part of the deliverables on the Order.
- Gig Extras may cover different categories of services that are components to a higher quality delivered service.
- Sellers have the option to extend the duration of an Order for each Gig Extra that is added to the Order. This is to cover the time needed to complete the extra service.
Shocchol.com is all about helping Sellers leverage their skills. We seek to empower top performing Sellers with helpful tools to grow their business. Sellers who invest in self-promotion may achieve greater customer satisfaction. And, if they deliver on time and maintain high quality and ratings, Shocchol.com may reward them with new statuses, special opportunities, benefits, and tools that come with it.
- Shocchol.com Sellers can gain account Levels based on their activity, performance and reputation.
- Advancement in Levels are updated periodically by an automated system.
- The current Levels a Seller can achieve are, Level 1, 2, and Top Rated.
- Sellers who cannot maintain their high-quality service, experience a severe drop in ratings, or stop delivering on time risk losing their Seller status and the benefits that come with it. For example, late deliveries, warnings to the Seller’s account and cancellations can cause a Seller to move to a different Level.
- Advanced levels provide their owners with additional benefits, including offering Gigs for higher prices through Gig Extras, or selling their Gig in multiples.
Top Rated Sellers
- Top Rated Sellers are chosen manually by Shocchol.com editors through an ongoing review process based on seniority, volume of sales, extremely high ratings, exceptional customer care, high order completion rate and community leadership. Top Rated Sellers gain access to more extensive features than previous levels, including exclusive access to beta features and VIP support.
- Top Rated eligibility is constantly evaluated by Shocchol.com to ensure that the quality standards and expectations of the Top Rated selection is kept. Shocchol.com retains the right to change a Top Rated Seller status in light of such evaluation. In addition, Top Rated Sellers who cannot maintain their high quality service through a severe drop in ratings, stop delivering on time, increased cancellation rate or violate our Terms of Service and/or our Community Standards, also risk losing their Top Rated status and the benefits that come with it.
- Pro Sellers are pre-verified professionals who undergo a vetting process by Shocchol.com editors. Applying for Shocchol.com Pro is open to everyone: professional freelancers who are new to Shocchol.com, as well as existing Shocchol.com Sellers.
- Pro Sellers eligibility is constantly evaluated by Shocchol.com to ensure that the quality standards and expectations of the Pro Seller selection is kept. Shocchol.com retains the right to change a Pro Seller status in light of such evaluation. In addition, Pro Sellers who cannot maintain their high-quality service through a severe drop in ratings, stop delivering on time, increased cancellation rate or violate our Terms of Service, also risk losing their Pro status and the benefits that come with it.
Shocchol.com Business Catalog
Shocchol.com Business is a freelance platform tailor-made for larger teams and businesses. Sellers on the Shocchol.com Business catalog are required to comply with certain professional standards. Eligible Sellers whose Gigs are included in the Shocchol.com Business catalog will be regularly evaluated by Shocchol.com to ensure their high-quality professionalism is kept. Shocchol.com reserves the right to remove Sellers and Gigs from the Shocchol.com Business catalog.
Shocchol.com Sellers have access to several exclusive features that help customize the way their services can be offered.
- Sellers can also send Custom Offers addressing specific requirements of a Buyer.
- Custom Offers are defined by the Seller with the exact description of the service, the price and the time expected to deliver the service.
- Custom Offers are sent from the conversation page.
- Services provided through Custom Offers may not violate Shocchol.com’s Terms of Service and/or our Community Standards.
Sellers can offer discount on job price to buyers. Any discount offered by the sellers will be deducted from job price and sellers will get 90% of the discounted price. Sellers will get 90% of the actual amount of job price if the buyers apply any discount coupon offered by the admin.
Shipping Physical Deliverables
Some of the services on Shocchol.com are delivered physically (arts and crafts, collectable items, etc.). For these types of Gigs, 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).
- Gigs that include shipping costs must have physical deliverables sent to Buyers.
- Shipping costs added to a Gig only pertains to the cost Sellers require to ship physical items to Buyers.
- Important: Buyers who purchase Gigs that require physical delivery, will be asked to provide a shipping address.
- Sellers are responsible for all shipping arrangements once the Buyer provides the shipping address.
- com does not handle or guarantee shipping, tracking, quality, and condition of items or their delivery and shall not be responsible or liable for any damages or other problems resulting from shipping.
- A tracking number is a great way to avoid disputes related to shipping. We require entering the tracking number if available in the Order Page when delivering your work.
- Any attempt to provide/demand any contact details (Example: Facebook profile, Email, Mobile Number, etc.) to/from sellers goes against our terms of service. Shocchol.com will permanently disable a Buyer’s account/ability to withdraw revenue without further notice/warning if find such type of prohibited activities.
- You may not offer direct payments to Sellers using payment systems outside of the Shocchol.com platform.
- Shocchol.com retains the right to use all publicly published delivered works for Shocchol.com marketing and promotional purposes.
- Buyers may request a specific service from the Post a Request feature. Services requested on Shocchol.com must be an allowed service on Shocchol.com. Users should refrain from using the Post a Request feature for any purpose other than looking for services on Shocchol.com.
- Please refer to the Transaction & Disbursement Policyfor making Payments through the Shocchol.com platform and to learn about fees and taxes.
- In addition, Buyers can request a Custom Order which addresses specific Buyer requirements, and receive a Custom Offer from Sellers through Shocchol.com.
- You may not offer Sellers to pay, or make payment using any method other than through the Shocchol.com.com site. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support.
- Once payment is confirmed, your order will be created and given a unique Shocchol.com order number and a Transaction page where you can make further communication with the seller and receive your work delivery.
- Sellers must deliver completed files and/or proof of work using the “MARK AS DELIVERED” button (located on the Transaction page) according to the service that was purchased and advertised on their Gig.
- The Deliver Work button may not be abused by Sellers to circumvent Order guidelines described in these Terms of Service. Using the “MARK AS DELIVERED” button 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.
- 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 Shocchol.com’s Customer Support department for assistance.
- When a Buyer orders a Gig, the Seller is notified by email as well as notifications on the site while logged into the account.
- 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 button (located on the Order page) to mark the Order as Delivered.
- Users are responsible for scanning all transferred files for viruses and malware. Shocchol.com will not be held responsible for any damages which might occur due to site usage, use of content or files transferred.
- Buyers may use the “Request Modification” feature located on the Order Page 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.
- Feedback reviews provided by Buyers while completing an Order are an essential part of Shocchol.com’s rating system. Reviews demonstrate the Buyer’s overall experience with the Sellers and their service. Buyers are encouraged to communicate to the Seller any concerns experienced during their active order in regards to the service provided by the Seller.
- Leaving a Buyer’s feedback is a basic prerogative of a Buyer. Feedback 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 Feedback system, all feedback reviews must come from legitimate sales executed exclusively through the Shocchol.com platform from users within our Community. Purchases arranged, determined to artificially enhance Seller ratings, or to abuse the Shocchol.com platform with purchases from additional accounts, will result in a permanent suspension of all related accounts.
- Feedback comments given by Buyers are publicly displayed on a Seller’s Gig page.
- Work Samples are the delivered images and videos sent to a Buyer in a delivery message. Work Samples are added to a Seller’s Live Portfolio on their Gig page if the Buyer chooses to publish the Work Sample while providing a public feedback review.
- 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.
- Responding and posting a review: Once work is delivered, the Buyer has three days to respond. If no response is provided within the response period, the Order will be considered completed.
- Users are allowed to leave reviews on Orders up to 10 days after an Order is marked as complete. No new reviews may be added to an Order after 10 days.
- Sellers may not solicit the removal of feedback reviews from their Buyers through mutual cancellations.
Disputes and Cancellations
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 Shocchol.com’s Customer Support department for assistance. For more information about disputes, Order cancellations and refunds please refer to the Payment Terms.
User Conduct and Protection
Shocchol.com enables people around the world to create, share, sell and purchase nearly any service they need at an unbeatable value. Services offered on Shocchol.com reflect the diversity of an expanding Gig economy. Members of the Shocchol.com community communicate and engage through orders, social media, and on Shocchol.com’s Community Forums.
Shocchol.com maintains a friendly, community spirited, and professional environment. Users should keep to that spirit while participating in any activity or extensions of Shocchol.com. This section relates to the expected conduct users should adhere to while interacting with each other on Shocchol.com.
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.
- To protect our users’ privacy, user identities are kept anonymous. Requesting or providing Email addresses, Skype/IM usernames, telephone numbers or any other personal contact details to communicate outside of Shocchol.com in order to circumvent or abuse the Shocchol.com messaging system or Shocchol.com platform is not permitted.
- Any necessary exchange of personal information required to continue a service may be exchanged within the Order Page.
- Shocchol.com does not provide any guarantee of the level of service offered to Buyers. You may use the dispute resolution tools provided to you in the Order Page.
- Shocchol.com does not provide protection for users who interact outside of the Shocchol.com platform.
- All information and file exchanges must be performed exclusively on Shocchol.com’s platform.
- 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.
- Shocchol.com is open to everyone. Discrimination against a community member based on gender, race, age, religious affiliation, sexual preference or otherwise is not acceptable and may result in the suspension/removal of your account.
- Users may not submit proposals or solicit parties introduced through Shocchol.com to contract, engage with, or pay outside of Shocchol.com.
- 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.
- Users are to refrain from spamming or soliciting previous Buyers or Sellers to pursue removing/modifying reviews or cancelling orders that do not align on Order Cancellation or Feedback policies.
- Users may report Gigs to Customer Support that may be in violation of Shocchol.com’s Terms of Service based on the reported Gig’s replicated similarity to pre-existing services (copycat Gigs).
- Sellers warrant that any content included in their Gigs 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.
- Shocchol.com will respond to clear and complete notices of alleged copyright or trademark infringement.
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. 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 – Shocchol.com does not allow any exchange of adult oriented or pornographic materials and services.
Inappropriate Behavior & Language – Communication on Shocchol.com should be friendly, constructive, and professional. Shocchol.com 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 – Members’ security is a top priority. 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.
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 in 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 Shocchol.com will not be protected by our Terms of Service.
Authentic Shocchol.com Profile – You may not create a false identity on Shocchol.com, misrepresent your identity, create a Shocchol.com 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., while may be kept anonymous, must be accurate and complete and may not be misleading, illegal, offensive or otherwise harmful. Shocchol.com 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.).
Intellectual Property Claims – Shocchol.com will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s terms of service.
Fraud / Unlawful Use – You may not use Shocchol.com for any unlawful purposes or to conduct illegal activities.
Abuse and Spam
Multiple Accounts – To prevent fraud and abuse, users are limited to one active Shocchol.com account and one active Shocchol.com Business account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the Shocchol.com community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations of Shocchol.com’s Terms of Service and/or our Community Standards is a 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 Shocchol.com. This includes creating new multiple accounts to harass members through our message or ordering system.
Selling Accounts – You may not buy or sell Shocchol.com accounts.
The Site, including its general layout, design and content, is exclusively owned by Shocchol.com and protected by copyright and trademark law. Shocchol.com® is the registered trademark owned exclusively by Shocchol Outsourcing Firm. 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): (i) copy, transfer, adapt, modify, distribute or reproduce it, in any manner; (ii) reverse assemble, decompile, reverse engineer or otherwise attempt to derive its source code, underlying ideas, algorithms, structure or organization; (iii) modify or create derivative works; (iv) remove any copyright notice, identification or any other proprietary notices, or; (v) use the Site in any manner that could damage, disable, overburden or impair the Site, or interfere with any other users’ enjoyment of the Site. Users also agree not to permit or authorize anyone else to do any of the foregoing.
To the extent that you provide Shocchol.com with any comments, suggestions or other feedback regarding the Shocchol.com platform or the Site as a whole, as well as other Shocchol.com products or services (collective, the “Feedback”), you will be deemed to have granted Shocchol.com an exclusive, royalty-free, fully paid up, perpetual, irrevocable, worldwide ownership rights in the Feedback. Shocchol.com is under no obligation to implement any Feedback it may receive from users.
Sellers 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. Therefore, Sellers agree to treat any information received from Buyers as highly sensitive, top secret and classified material. 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 (vi) not to copy or reproduce any of the information without the Buyer’s permission.
- Shocchol.com 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 or due to any illegal or inappropriate use of the Site or services.
- Violation of Shocchol.com’s Terms of Service and/or our Community Standards may get your account disabled permanently.
- Users with disabled accounts will not be able to sell or buy on Shocchol.com.
- 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.
- Users must be able to verify their account ownership through Customer Support by providing materials that prove ownership of that account.
- Disputes should be handled using Shocchol.com’s dispute resolution tools (‘Resolution Center’ on the order page) or by contacting Shocchol.com Customer Support.
- Shocchol.com may make changes to its Terms of Service from time to time. When these changes are made, Shocchol.com will make a new copy of the terms of service available on this page.
- You understand and agree that if you use Shocchol.com after the date on which the Terms of Service have changed, Shocchol.com will treat your use as acceptance of the updated Terms of Service.
User Generated Content
User Generated Content (“UGC”) refers to the content added by users as opposed to content created by the Site. All content uploaded to Shocchol.com by our users (Buyers and Sellers) is User Generated Content. Shocchol.com 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 Shocchol.com 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 in 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.
Furthermore, Shocchol.com is not responsible for the content, quality or the level of service provided by the Sellers (even if they are Pro Sellers, 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. We encourage users to take advantage of our rating system, our community and common sense in choosing appropriate services.
By offering a service, the Seller undertakes that he/she has sufficient permissions, rights and/or licenses to provide, sell or resell the service that is offered on Shocchol.com.
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 and limitations: When purchasing a Gig on Shocchol.com, 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 cancelled 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.
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.
Furthermore, users (both Buyers and Sellers) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to Shocchol.com, including Gig texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by Shocchol.com for no consideration for marketing and/or other purposes.
Voice Over Commercial Buy-Out
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).
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 Voice Over 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 Shocchol.com’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 Shocchol.com 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
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 Shocchol.com’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 Shocchol.com 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
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 shocchol.com nor any person associated with shocchol.com 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.
Certain user-generated content on the Site has been translated for your convenience using translation tool. 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 tool.
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 shocchol.com, 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.
The term “Affiliate” referred to herein, is an entity that, directly or indirectly, controls, or is under the control of, or is under common control with Shocchol.com, where control means having more than fifty percent (50%) voting stock or other ownership interest or the majority of voting rights of such entity.