These Terms of Service are entered into between ReverbDesk.com and you. If you are using the Services on behalf of another person, you represent that you are authorized to accept these Terms of Service on that person's behalf. Unless explicitly stated otherwise, these Terms of Service will govern your use of any new features that augment or enhance the current services, including the release of new products or services.

Definitions
In addition to the terms defined throughout this Terms of Service, the terms "you", "your" and "yours" refer to you, the User of this Site. The terms "we", "us" and "our" refer to ReverbDesk.com.

Membership Subscriptions
To use the services of this Site, you must subscribe to this Site. This site has different types of subscriptions including free and paid. You can know more about the types of subscription by visiting the subscription page. Your membership type determines your use of this Site's various services.

Termination
If you fail to pay the subscription fees on the billing cycle due date, we will automatically cancel your subscription. We reserve the right to cancel your subscription if

1. We reasonably believe that you have violated or acted inconsistently with the letter or spirit of this Terms of Service, or violated our rights or those of another user.
2. We are required by law to do so.

This Site acts merely as a venue for Users to list services or to bid on services. We are not involved in the actual completion or execution of the services. Therefore, we have and shall have no control over the quality, accuracy, suitability or legality of the listed and performed services and the suitability and ability of the User to perform the services. We shall take no part in the execution of any agreement between You and the other User in relation to the service or any other work and do not ensure in any way that a transaction between You and the other User(s) will actually be completed.

By accepting a bid, You agree to pay for the services. If your bid is chosen for a job, you agree to provide the services according to the terms of the chosen bid. Any increase in the bid price after the bid is chosen must be reported to us. You will not directly contact other Users who have posted their jobs on the Site and deal with them outside this Site for those jobs. You will conduct all transactions at the price agreed upon through this Site.

Changes to Terms of Service
We reserve the right, at any time, to modify, add to, delete from, alter, or update this Terms of Service ("Changes"), and you agree to be bound by such Changes. Changes shall be effective immediately upon notice thereof, which may be given by any means including, but not limited to posting on this Site or by electronic or conventional mail. You agree to regularly review this Terms of Service posted at this Site and to be aware of Changes. Your use of this Site following any Changes constitutes your agreement to follow and be bound by this Terms of Service as changed.

Permitted and Prohibited Uses
This Site is intended for the lawful use of members of the general public. Subject to this Terms of Service, we grant to you a non-exclusive, non-transferable, limited right to access, use and view this Site and the information thereon, including without limitation, all text, design, graphics, drawings, photographs, video clips and sounds, and all trade marks, service marks and trade names used at this Site and the selection and arrangements thereof (collectively, the "Content"), solely for your own personal use, provided, however, that you may not, nor may you allow others to, directly or indirectly:

• sell, license, rent, reproduce, modify or attempt to modify or create derivative works from the Content in any way or reproduce or publicly display, perform, transmit or distribute or otherwise use the Content for any public or commercial purpose, including without limitation use of the Content on any other website or in any environment of networked computers;
• transfer the Content to any other person without our prior written explicit consent;
• use this Site in any manner that could damage, disable, overburden or impair this Site;
• upload, post or otherwise transmit or distribute on this Site any items, including without limitation computer viruses, Trojan horses, worms, backdoor, shutdown mechanism or other harmful, disruptive or destructive files or computer programs;
• interfere with the security of, or otherwise abuse, this Site or any Services, system resources, accounts, servers or networks connected to or accessible through this Site or associated or linked sites;
• infringe on any patent, trade-mark, trade secret, copyright, right of publicity, or other proprietary right of any person, or impersonate any person or entity;
• disrupt or interfere with any other person's use or enjoyment of this Site or associated or linked sites;
• use any automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Site or the Content in whole or in part;
• use or attempt to use another's account, password, service, system or other information without our prior written consent, or create or use a false identity on this Site;
• transmit on, to or from this Site spam, chain letters, junk mail or any other type of unsolicited mass e-mail;
• upload to, distribute to, or otherwise disseminate through this Site any material or information of any kind that is threatening, harassing, libelous, defamatory, obscene, pornographic, fraudulent, deceptive, abusive, or otherwise violates any law or infringes or violates any rights of any other person or entity, or contains a solicitation of funds, advertising, or a solicitation for goods or services; or
• attempt to obtain unauthorized access to this Site or portions of this Site which are restricted from general access.

Copyright and Trademarks
Unless otherwise noted, all Content is subject to intellectual property rights including copyrights and trade marks held or licensed by us. Any reproduction or use without our express prior written is not permitted. Except as expressly provided herein, no license to use or reproduce the Content is given to you and all intellectual property rights therein are expressly reserved. Systematic retrieval of data or other Content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory without our express prior written permission is prohibited. We respect the intellectual property of others and ask you to do the same. We may, in appropriate circumstances and in our sole discretion, terminate the accounts of users who infringe our intellectual property rights. We retain the right to initiate appropriate civil and criminal legal proceedings against the infringers of our intellectual property rights.

Cookies
Upon your first visit to the Site, a cookie is sent to your computer that uniquely identifies your browser. A "cookie" is a small file containing a string of characters that is sent to your computer when you visit a website. We use cookies to improve the quality of our service and to better understand how people interact with us. We do this by storing user preferences in cookies and by tracking user trends and patterns of how people search. Most browsers are initially set up to accept cookies. You can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some features or services of the site may not function properly without cookies.

Submission of Information
Although we may provide certain security in an effort to protect the electronic transmission of certain information that you submit to us through this Site, we do not guarantee the security of any information transmitted to or from this Site. Except for personal information about you, any information you do send to us through this Site will be deemed NOT to be confidential ("Non-Confidential Information"). For any Non-Confidential Information you do send, you hereby grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, distribute and sublicense any and all material or information submitted by you to this Site and/or to incorporate it in other works regardless of form, medium or technology. Any information you post on the bulletin board/forum on the Site may at our sole discretion be opened to the public and we may at our sole discretion permit the public to use such information. You agree not to hold us liable for the misuse by public of the information you post on the bulletin board/forum of the site.

Posting of Information
This Site allows Users to post information and send messages to other Users in certain areas of the Site. You are responsible for the information and the contents of the messages which you post or send. We do not check the contents of such information and messages. Your use of such information and messages is at your entire risk. Please check on the authenticity of such information and messages.

Invoicing and Payments
Invoices for all jobs initiated through this Site must be sent through this Site only. You will not engage in any action or activities to circumvent our site or our stated fees.

You will not directly contact other Users who have posted their jobs on the Site and deal with them outside this Site for those jobs. You will conduct all transactions at the price agreed upon through this Site.

You can make payments directly to the service professional using the payment mechanism on this Site. You can also use the escrow facility provided by this Site for making payments. You are also free to make payments directly to the service professional using their chosen method of payment.

Liability
All content and services provided on or through this site are provided "as is" and "as available" for your use. The content is provided without warranties or conditions of any kind either express or implied, including but not limited to implied warranties and conditions of merchantability, fitness for a particular purpose or non infringement. Your use of this site is solely at your risk. In no event shall we be liable to you for your accessing of this site or under or related to this agreement for any indirect, special, punitive, incidental, reliance, exemplary or consequential damages, loss of profits, loss of expected savings, or any other non-direct damages howsoever caused. We will not be liable to you for any dispute you may have with another party on account of your using this Site nor will we be a party to such disputes. If we are named a party to such disputes, the party naming us will be liable for our costs.

Indemnity
You agree to defend, indemnify and hold harmless ReverbDesk.com, its owner, officers, employees, representatives, contractors, affiliates, successors or assigns, including all third parties mentioned at this Site, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of this Site and the Content or your breach of these Terms of Service or in connection with your use of the Site.

Choice of law
These Terms of Service shall be deemed to have been made and performed exclusively in California, USA and shall be governed by and construed under the laws of California and the laws of USA applicable therein without giving effect to its conflict of laws principles. You hereby submit to the exclusive forum, jurisdiction and venue of the courts of California, USA for any claim related hereto, arising from or in connection with this Terms of Service and agree not to bring any action, claim, suit or proceeding against ReverbDesk.com or any officer, director, partner or employee thereof in any jurisdiction other than California, USA.

Disclaimer
We are not responsible for the success or failure of your decisions relating to any information presented by us through the Site. The site should be carefully considered and evaluated, before reaching any decision, on whether to use the information and contents provided by us through the Site. There can be no assurance that any prior successes or past results can be used as an indication of your future success or results. Results are based on many factors. We have no way of knowing how well you will do, as we do not know you, your background, your work ethic, or your business skills or practices. Therefore we do not guarantee or imply that you will be successful. Use caution and seek the advice of qualified professionals. You agree that we are not responsible for any success or failure that you may experience as a result of using the site.

General
The Privacy Policy, Copyright Policy and Online Payment Security Policy are a binding part of these Terms of Service and together with these Terms of Service constitute the entire agreement between ReverbDesk.com and you with respect to your use of this Site. Our failure to insist upon or enforce strict performance of any provision of these Terms of Service shall not be construed as a waiver of any provision or right. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms of Service, and the remainder of these Terms of Service shall continue in full force and effect. Any cause of action you may have with respect to your use of this Site or which is the subject of these Terms of Service must be commenced within six months after the claim or cause of action arises.

Acceptance
Your accessing this Site signifies your acceptance of this Terms of Service.

Membership Fees
Membership fees, whether paid monthly, quarterly, or annually, are charged up-front and no refunds or credits can be given upon cancellation. The cancellation of a membership will go into effect at the end of the billing period. If you downgrade your membership to a lower-cost membership or a shorter payment plan, you will not receive a refund or credit for the fees already paid. The downgrade will go into effect at the beginning of the next billing period. We reserve the right to modify our membership programs at any time, upon a reasonable notice posted in advance on this Site.

Payments Between Site Users
There are two types of payments made between Users of this Site. One type of payment involves handling the entire payment procedure outside of this Site's online marketplace. The second payment type involves completing payments via this Site's Secure Escrow System. This Site applies a different refund policy to each of these payment types. These refund policies are outlined below.

Payments Made Outside this Site's Online Marketplace
Any payments made between Site Users outside of the Site's online marketplace are not under the control or jurisdiction of this Site. This Site will not refund any payments made to Site Users outside of the Site's online marketplace. If you make a payment to a User outside of this Site's online marketplace and believe you are entitled to a refund of all or a portion of this payment amount, your sole recourse is to contact the User directly and attempt to negotiate and obtain a refund from this User.

Payments Made Through Site's Secure Escrow System
This Site provides a Secure Escrow System that allows an exchange of funds between Site Users. There are two steps involved in using the Secure Escrow System: 1) Funding the escrow account and 2) Releasing funds from the escrow account.
When a project's escrow account has been funded, neither the User who funded the account nor the User to whom the funds are directed (the User providing services) have access to the escrow account's funds. Once funds in an escrow account have been released to the User providing services, the escrow funds are credited directly to this User's account (less any fees taken by the Site). Once funds have been released, the Site will not issue a refund or credit of any kind to the User who funded and released funds from the escrow account. If a dispute arises between the two Users tied to a particular escrow account after funds from the escrow account have been released, the two Users must resolve this dispute between themselves directly. The Site will not mediate, arbitrate, or otherwise involve itself in any such dispute and shall not be liable for any dollar amount in question.
If funds in an escrow account have not yet been released to the User providing services and a dispute between the two Users tied to the escrow account arises, either one or both Users should contact the Site. The Site will mediate the dispute between the two Users and determine how to divide the funds in the escrow account. The procedure for mediation of escrow funds is outlined below:

1. Contact the Site and fully explain your dispute.
2. The site will contact the other User involved in the dispute and request that the User provide an explanation of the dispute as well.
3. If the Site does not hear from the contacted User within 15 days, the Site will release escrow funds to the User who originally brought the dispute to the attention of the Site.
4. If the contacted User does respond within 15 days, the Site will review both sides of the case and determine how to divide the funds in the escrow account. The Site will credit funds to Users’ accounts based upon this determination.

The decisions made by the Site during the mediation process described above are final.

Last updated 21st February, 2009.