TERMS AND CONDITIONS

1. CONTRACTUAL RELATIONSHIP

These terms of use (“ Terms ”) constitute a legal agreement between people who wish to hire Freelance services (“Users”) and Fallaneeds, Inc, a limited liability company incorporated in Houston, Tx, and its subsidiaries and affiliates (collectively, “ Fallaneeds ” or “ we ”), and between the providers of Freelance User Services (“ Freelancers ”) and Fallaneeds. These terms govern the use of our service platform that facilitates communications between Users and Freelancers, and is offered through our website, at www.Fallaneeds.com, depending on whether it can be modified, reallocated or drafted in a timely manner, and the mobile apps we offer. Our services, platform, website and mobile applications are collectively referred to as “ Fallaneeds website ”. The terms " you ", " yours " or " yours " refer to the User or Freelancer as appropriate.

PLEASE READ THESE TERMS CAREFULLY BEFORE STARTING TO USE THE SERVICES. In these terms, the terms "included (s)" and "include" mean "included, enunciatively and not exhaustively".

 Your access to and use of the Fallaneeds Site constitutes your acceptance to comply with these Terms, which establish a contractual relationship between you and Fallaneeds. If you do not accept these Terms, you will not be able to access or use the Fallaneeds Site. These Terms expressly supersede previous contracts or agreements entered into with you. Fallaneeds may immediately cancel these Terms with respect to you, or in general cease to offer or deny access to the Fallaneeds Site or any of its parts, at any time and for any reason.

Fallaneeds may modify the Terms related to the Fallaneeds Website from time to time. The changes will be valid at the time of publication by Fallaneeds of the updated Terms in this section, or of the modified policies or the complementary terms of the corresponding service (s). Your continued access to or use of the Fallaneeds Site after this publication constitutes your consent to be under the Terms and their modifications:

    - Your approval for the Fallaneeds Site to be offered "as is" and without any warranty (Section 6.A).

    - Your approval that the Fallaneeds Site is solely a communications platform that offers a method for hiring Freelance Services, that all Freelance Services are performed by third parties and that Fallaneeds has no responsibility for the Freelance Services or for the acts or omissions by third parties (Section 2.A).

    - Your approval to release Fallaneeds from all liability arising from complaints related to the Fallaneeds Website or otherwise (Section 6.B).

    - You agree to keep Fallaneeds free of claims arising out of your use, misuse or inability to use the Fallaneeds Site or Freelance Services, failure to comply with this Agreement, applicable laws or third party rights, and the content or the information sent from your account to the Fallaneeds Website (Section 6.C).

    - Your consent that either party has the right to appeal mandatory arbitration (Section 7.B).

    - You accept that no claim can be dismissed as a collective claim (Section 7.A).

    - You consent to the capture, use, disclosure and transfer of your data as indicated in the Privacy Policy, with its appropriate modifications.

2. THE SERVICES

    The. APPLICATION IS JUST A SPACE.

The Fallaneeds website is a computer market where Users and Freelancers can identify themselves and buy and sell services online. These specific services requested by Users, which must be performed by Freelancers, are referred to below as "Freelance Services". In accordance with the terms of this Agreement, Fallaneeds offers services to Users and Freelancers, including hosting and maintenance of the Fallaneeds Site, and allows for the conclusion of contracts between Users. [JCM1] When a user and a Freelancer enter into a Contract between Users in accordance with subsection B below, the User and the Freelancer use the Fallaneeds Site to commit, communicate, bill and pay online. [JCM2]

Unless Fallaneeds indicates otherwise in a separate written agreement with you, the Fallaneeds Site is made available for your personal, non-commercial use only. Fallaneeds does not provide Freelance Services on its own. The provision of all Freelance Services depends on Freelancers. Fallaneeds, THROUGH THE APPLICATION OF Fallaneeds, OFFERS INFORMATION AND A METHOD TO OBTAIN THESE FREELANCE SERVICES, BUT DOESN'T PROVIDE OR OFFER SUCH FREELANCE SERVICES, AND HAS NO RESPONSIBILITY FOR THE FREELANCE AND / OR PRODUCT SERVICES. , INCLUDED, FOR ANY INFORMATION AND NON-TAXATION, THE GUARANTEES OF SUITABILITY FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH LAWS, REGULATIONS OR CODES. Fallaneeds IS NOT AFFILIATED, SUPPORTED OR SPONSORED BY ANY EXTERNAL PROVIDER.

    B. SERVICES BETWEEN USERS.

At the time of awarding a project or contest by the User to a Freelancer on the Fallaneeds Site, or the purchase of a Freelancer item by a User, the User and the Freelancer will be deemed to have entered into a contract (the “Contract between Users ”), by virtue of which the User agrees to purchase and the Freelancer agrees to deliver the Freelance Services. The User and the Freelancer may enter into an agreement between them apart from these Terms, provided that you agree not to enter into any contradictory provision in these Terms.

You are solely responsible for ensuring compliance with your obligations to Freelancers. If you do not, you may be responsible to the Freelancer in question. You must ensure that you are aware of all national laws (including those of Anglo-Saxon law), international laws, rules, ordinances and regulations relating to you as a User or to any other that you use on the Fallaneeds Site.

If a Freelancer does not comply with any obligation to you, or causes damage to you, your property or your rights, you are solely responsible for exercising the rights you could have. To avoid any doubt, we have no responsibility to exercise rights under a User Agreement or damage to your person, property or your rights caused by a Freelancer.

Depending on their jurisdiction, Users and Freelancers may have rights under legal guarantees that cannot be legally excluded. None of these Terms are intended to invalidate rights that cannot be excluded under applicable law.

Each User and Freelancer recognizes and accepts that the relationship between the User and any Freelancer corresponds to that of an independent contractor. None of the provisions of these Terms creates an association, joint venture, agency or employment relationship between Users and Freelancers. None of the provisions of these Terms shall be construed as constituting a joint venture, association or employer-employee relationship between Fallaneeds and any User or Freelancer.

     ç. User deliveries.

The User grants Freelancer a limited, non-exclusive and revocable right (at any time at the User's sole discretion) to use the User Deliveries as necessary for the provision of the Services. The User reserves all rights and interests, including, enunciatively and non-exhaustively, all intellectual property rights, regarding User Deliveries. Upon the fulfillment or termination of the Service Agreement, or prior written request by the User, the Freelancer must immediately return all User Deliveries to the User, and also undertake to eliminate all copies of the User Deliveries and the Product Workers who are on Freelancer facilities, systems or other teams, or otherwise under the domain of Freelancer.

     d. Labor Product.

All contracted work that may be subject to copyright by the Freelancer in connection with a fixed price contract for the User will be the property of the Freelancer until the User has made the payment and the Freelancer has accepted. If the User pays less than the amount agreed in the Service Agreement, the Freelancer may refund the amount paid within two (2) weeks after the payment date, and retain his ownership of the Work Product.

In the event that intellectual property rights cannot be assigned under the applicable legislation, Freelancer hereby irrevocably agrees to grant and hereby grants the User an exclusive license (which also excludes Freelancer) , perpetual, irrevocable, unlimited, worldwide, fully paid and unconditional to use and market the Work Product in any way currently known or discovered in the future. In the event that the granting of the license is not fully valid, effective or applicable under the applicable legislation, the Freelancer hereby irrevocably agrees to grant and, through this, grants to the User the rights that the User reasonably requests. in order to acquire, as long as possible, all rights equivalent to full legal ownership. In order to ensure that the User will be able to acquire, formalize and use these intellectual property rights, the Freelancer will: (i) transfer the domain, ownership and ownership over means, models and other tangible objects that contain the User Work Product ; (ii) sign any document, with the User's previous request, to assist the User with the documentation, formalization and application of his rights; and (iii) provide the User with assistance and reasonable access to information to register, formalize, secure, defend and exercise these intellectual property rights. Freelancer also irrevocably authorizes the User to act and sign on behalf of the Freelancer and to take any necessary measures to formalize the User's rights under this Agreement. In the event that,

The Freelancer shall ensure that no Work Product created or submitted by him includes software, technology or any other type of pre-existing intellectual property, if such pre-existing intellectual property belongs to Freelancer or a third party, included, enunciative and non-exhaustive, the code written by proprietary software companies or by developers in the open source community (collectively, “Preexistent PI”), without obtaining the User's prior written consent to include said Preexisting PI in the Work Product. Freelancer acknowledges that, without prejudice to any other resources that it may have, Freelancer will not be entitled to payment, and shall refund all payments made to Freelancer,

     and. USERS VETO.

Freelancers may be subject to a veto process before they can register during their use of the Fallaneeds Site. Fallaneeds can perform background checks on Freelancers, Fallaneeds cannot confirm that each Freelancer is who it claims to be and, therefore, cannot and does not assume any responsibility for the accuracy or veracity of identity, for background check information or for information provided through the Fallaneeds Website.

BY USING THE Fallaneeds APPLICATION, YOU AGREE TO RELEASE Fallaneeds FROM ALL RESPONSIBILITY OR DAMAGE THAT MAY ARISE FROM PROFESSIONAL SERVICES. Fallaneeds IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER OR NOT ONLINE, OF ANY USER, INCLUDING EXTERNAL PROVIDERS, AND SHALL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING OUT OF FREELANCE SERVICES.

     f. LICENSE.

Subject to compliance with these Terms, Fallaneeds grants you a limited, non-exclusive, non-sublicensable, revocable and non-transferable license to: (i) access and use the Fallaneeds Site on your personal device solely in connection with your use of the Fallaneeds Site ; and (ii) access and use any content, information and related materials that may be available through the Fallaneeds Website, in each case solely for your personal, non-commercial use. Fallaneeds and Fallaneeds licensors reserve all rights that are not expressly granted in this agreement.

     g. RESTRICTIONS.

You may not: (i) eliminate copyright or trademark notices or other intellectual property notices from any part of the Fallaneeds Site; (ii) reproduce, modify, create derivative works, distribute, license, rent, sell, resell, transfer, publicly display, publicly present, transmit, publish, disseminate or otherwise exploit the Fallaneeds Site, except as expressly permitted by Fallaneeds; (iii) decompile, reverse engineer or dismantle the Fallaneeds Site, except as permitted by applicable law; (iv) link, duplicate or use landmarks anywhere on the Fallaneeds Site; (v) introducing or implementing programs or sequences of commands in order to extract information, index, scan or otherwise perform data mining anywhere on the Fallaneeds Site, or unduly hinder or impede the operation and / or functionality of any aspect of the Fallaneeds Site; or (vi) attempt to gain unauthorized access or affect any aspect of the Fallaneeds Site or its related systems or networks.

     H. THIRD PARTY SERVICES AND CONTENT.

You may be able to access the Fallaneeds Site or the Site may be available in connection with third party services and content (advertising included) that Fallaneeds does not control. You acknowledge that other terms of use and privacy policies may apply to your use of third party content or services. Fallaneeds does not guarantee the services or content of third parties and in no case will be responsible for the products or services of these Freelancers.

     i. PROPERTY.

The Fallaneeds Site and all rights set forth therein are and will remain the property of Fallaneeds or Fallaneeds's licensors. Neither these Terms nor your use of the Fallaneeds Site will transfer or grant you rights: (i) on or relating to the Fallaneeds Site, except the limited license previously granted; nor (ii) to use or refer in any way to Fallaneeds company names, logos, product and service names, trademarks or service marks or Fallaneeds licensors.

3. USE OF THE SERVICES

    The. ACCOUNTS.   

In order to use most aspects of the Fallaneeds Site, you must register and maintain a personal and active service account for users (“Account”). You must be at least 18 years of age, or have reached the legal age of majority in your jurisdiction (if not 18), to obtain an account. Account registration requires that you send certain personal information to Fallaneeds, such as your name, address, cell phone number and age, as well as at least one valid payment method (a credit card or an accepted payment provider). You agree to keep accurate, complete and updated information in your Account. Failure to maintain accurate, complete and updated Account information, which includes having an invalid or overdue payment method on record, may result in your disabling access to and using the Fallaneeds Site or the termination of this Agreement with you by Fallaneeds. You are responsible for all activity that takes place on your Account, and you agree to maintain the security and confidentiality of your Account username and password at all times. Unless Fallaneeds allows otherwise in writing, you can only have one Account. Freelancers' profiles must accurately reflect Freelancer's experience, skills and personal information.

     B. USER REQUIREMENTS AND CONDUCT.

The Service is not available for use by persons under the age of 18. You cannot authorize third parties to use your Account, and you cannot allow people under the age of 18 to receive or offer Freelance Services unless they are in your company. You may not assign or otherwise transfer your Account to any person or entity. You agree to comply with all applicable laws when using the Fallaneeds Website (including, enunciatively and non-exhaustively, all applicable labor laws), and you may only use the Fallaneeds Website for lawful purposes (eg, not permitted to transport dangerous or illicit materials). During your use of the Fallaneeds Site, it will not cause any problems, inconvenience, inconvenience or damage to property, either with respect to Freelancers or any other party.

    ç. ACCEPTABLE USE.

During the term of this Agreement, you may use the Fallaneeds Site solely for your personal use (or for the use of a personal person, including a company or other organization, which you validly represent). You may use the Fallaneeds Site to contract Freelance Services only with respect to the location where you are legally authorized to receive or offer Freelance Services. You may not use the Fallaneeds Site for any other purpose or in connection with any other commercial activity without our express prior written consent. You may not use the Fallaneeds Site in violation of laws, rules, orders or regulations. You accept that a request for Freelance Services constitutes an offer, which is considered accepted only when you receive a confirmation of the request. You agree that you will treat Freelancers in a courteous and lawful manner, and that you will reasonably cooperate with Freelancers to allow them to offer Freelance Services. Freelancers accept that they will offer Freelance Services once they have accepted a request in a professional manner and with quality assurance, and that they provide these services in a courteous and legal manner, and making the best use of their skills, and that they accept requests only if the Freelancer is qualified and is able to perform such Freelance Services.

The Fallaneeds Site may contain profiles, electronic email systems, blogs, message boards, requests, job announcements, chat areas, newsgroups, forums, communities and / or other spaces for messages or communications (“Areas Community ”) that allow you to communicate with other users. You can use these areas of the community solely to send and receive messages and materials that are relevant and appropriate for each particular forum. You must NOT use the Fallaneeds Site (including, enunciatively and non-exhaustively, any Community Area) to do the following:

    - Defame, abuse, accuse, attack, threaten or otherwise violate legal rights (such as privacy and publicity rights, among others) of others, including Fallaneeds personnel.

    - Publish, advertise, upload, distribute or disseminate indecent, defamatory, transgressive, obscene or illegal topics, names, materials or information, or materials, information or content that involve the sale of counterfeit or stolen articles.

    - Use the Fallaneeds Website or the Freelance Services for any purpose or in any way that violates local, state, national or international law.

    - Upload files that contain software or other material that violates the intellectual property rights (or privacy or publicity rights) of third parties.

    - Upload files that contain viruses, Trojans, corrupt files or any other similar software that could damage the operation of another computer.

    - Publish or upload content for which you have not obtained the necessary rights or permissions to use it.

Advertise or offer to sell any product or service for commercial purposes through the Fallaneeds Website that does not correspond to the services offered through the Fallaneeds Website.

    - Conduct or send surveys, contests, pyramid schemes or chain letters.

    - Impersonating another person or user, or allowing another person or entity to use your identity to post or view comments or otherwise use your account.

    - Publish the same note repeatedly (junk or “spam” messages). Spamming is strictly prohibited.

    - Download files published by other users when the user has or reasonably should have known that they cannot be legally distributed through the Fallaneeds Site.

    - Restrict or inhibit other users so that they cannot use and enjoy the Community Areas.

    - Insinuate or affirm that the statements you make are guaranteed by Fallaneeds, without the prior written consent of Fallaneeds.

    - Use a robot, web spider, manual and / or automatic processes or devices to perform data mining, tracking, extracting information or indexing the Fallaneeds Site in any way.

    - Hack or interfere with the Fallaneeds Site, its servers or any connected network.

    - Adapt, change, license, sublicense or translate the Fallaneeds Site for your own personal or commercial use.

    - Eliminate or alter, visually or otherwise, copyrights, proprietary trademarks and intellectual property rights that are owned by Fallaneeds.

    - Upload content that is offensive and / or that causes harm, including, enunciatively and non-exhaustively, content that defends, ensures, approves or promotes racism, intolerance, hatred or physical harm of any class against individuals or groups of individuals.

    - Upload content that offers materials or access to materials that exploit people under the age of 18 in an abusive, violent or sexual manner.

    - Use the Fallaneeds Website to recruit for other businesses, websites or services, or otherwise contact users for jobs, hiring or other purposes not related to the use of the Fallaneeds Website as set out in this Agreement.

    - Use the Fallaneeds Website to collect user names and / or users' email addresses by electronic or other means.

    - Register with another username or identity after your account has been canceled or closed.

You understand that all publications you make in the Community Areas will be public and that you will be identified publicly by your name or login ID when communicating in the Community Areas, and that Fallaneeds will not be responsible for users' actions in this regard. information or other materials published in the Community Areas.

    d. PROMOTIONAL CODES.

Fallaneeds may, in its sole discretion, generate promotional codes that can be exchanged for credits in the Accounts, or other features or benefits related to the Fallaneeds Website and / or the Freelance Services, in accordance with the additional terms that Fallaneeds establishes pursuant to bases of each particular promotional code (“Promotional Codes”). You accept that the Promotional Codes: (i) must be used and the audience foreseen, and in a legal manner; (ii) may not be duplicated, sold or transferred in any way, nor be made available to the general public (whether announcing them publicly or otherwise), unless Fallaneeds expressly permits it; (iii) can be deactivated by Fallaneeds at any time and for any reason without Fallaneeds having any responsibility; (iv) may only be used in accordance with the specific terms that Fallaneeds establishes for these Promotional Codes; (v) cannot be exchanged for cash; and (vi) may expire before use. Fallaneeds reserves the right to withhold or deduct credits or other features or benefits obtained through your use of the Promotional Codes if you or Fallaneeds determines or considers that the use or exchange of the Promotional Codes was carried out in an incorrect, fraudulent manner , illegal or in violation of the terms of the corresponding Promotional Code or these Terms.

     and. CONTENT PROVIDED BY THE USER OR FREELANCER.

Fallaneeds may, at its sole discretion, allow you (whether User or Freelancer) to timely send, upload, publish or otherwise make Fallaneeds's information available via the Fallaneeds Site in written, auditory and / or visual form, which includes comments and opinions related to the Fallaneeds Website, initiation of assistance requests and publication of entries for competitions and promotions (“Content”). All content provided by you remains your property. However, by offering Content to Fallaneeds, you grant Fallaneeds a worldwide, perpetual, irrevocable, transferable and non-perpetual license, with the right to sublicense, use, reproduce, modify, distribute, publicly display and publicly present such Content in any format or distribution channel known today or developed in the future in order to provide services through the Fallaneeds Website or otherwise in connection with the Fallaneeds business; with the proviso that Fallaneeds tries to notify you if it will use your Content for any reason other than its publication on the Fallaneeds Site.

You represent and warrant to Fallaneeds that you are the sole and exclusive owner of all Content or that you have all the rights, licenses, consents and authorizations necessary to grant Fallaneeds a license over the Content as set out above, and that your Content: (a) it will not be false, inaccurate, incomplete or misleading; (b) it will not be fraudulent or involve the sale of counterfeit or stolen items; (c) will not infringe any third party's copyright, patent, trademark, trade secret or other intellectual property rights or publicity or privacy rights; (d) it will not violate any law, rule, order or regulation (including, enunciative and non-exhaustive, those governing export control, consumer protection, unfair competition, anti-discrimination or misleading advertising); (e) not be defamatory, libelous, unlawfully threatening or unlawful harasser; (f) it will not be obscene or contain child pornography or be harmful to minors; (g) it will not contain viruses, trojans, computer worms, logic bombs, cancellation robots or other computer programming routines that aim to damage, interfere with harm, conceally intercept or expropriate any system, data or personal information; and (h) will not generate any liability on the part of Fallaneeds nor cause the loss (total or partial) by Fallaneeds of the services of its internet service providers or other partners or providers. Fallaneeds may revise, control or delete Content at its sole discretion —but it is under no obligation to do so — at any time and for any reason,

   f. NETWORK DEVICES AND ACCESS.

You are responsible for obtaining the data network access necessary to use the Fallaneeds Site. Fees and charges for data and messages from your mobile network may apply if you access or use the Fallaneeds Site from a device with wireless capability. You are responsible for purchasing and updating the compatible devices or hardware required to access and use the Fallaneeds Applications and Website and any updates made to them. Fallaneeds does not guarantee that the Fallaneeds Website or any of its parts will work on any particular device or hardware. Even so, the Fallaneeds Site may experience malfunctions or delays inherent in the use of the Internet and electronic communications.

4. PAYMENT

Users understand that the use of the Fallaneeds Site may incur charges for the services or products they receive from a Freelancer (“Charges”). After a User has received services or products obtained through the use of the Service, Fallaneeds will collect the payment you have made for the corresponding charges on behalf of the Freelancer, as a limited collection agent for such Freelancer. The payment made in this way should be considered in the same way as the payment made directly by the User to the Freelancer. The charges will include applicable taxes, according to the law. The charges paid by the User are final and non-refundable, unless Fallaneeds, at its discretion, determines otherwise (see also the last paragraph of this Section 4).

The services offered on this website can be paid for through IUGU. IUGU is a Payment Account provider for Fallaneeds. By using an IUGU Payment Account, you accept the IUGU terms and conditions set out in the Payment Management and Other Covenant Services Agreement - Establishment available at www.iugu.com

All Charges must be paid immediately, and payment will be collected by Fallaneeds using the preferred payment method indicated in the User Account, by which Fallaneeds will send the User a receipt by email. If it is determined that the primary payment method in the User Account has expired, is invalid or, for some other reason, cannot be used for billing, the User accepts that Fallaneeds may, in its character as Freelancer's limited collection agent , use a secondary payment method on the User Account, if available. Freelancer accepts that Fallaneeds will act as its collection agent under this Section 4. In accordance with Fallaneeds's rights under these Terms (including the following paragraph), Fallaneeds will generally require payment from a User before providing the corresponding Freelance Service and will remit payment to Freelancer after the User has confirmed that the Freelance Service has been performed; it being understood that, notwithstanding anything to the contrary contained in these Terms, Fallaneeds will in no case be responsible for the non-payment or late payment by Users. [JCM3] [JCM4]

In accordance with Sections 6 and 7 of these Terms (on limitation of liability, Fallaneeds's indemnity and Fallaneeds's right to choose whether or not to engage in disputes between Users and Freelancers), in its relationship with Fallaneeds, Fallaneeds reserves the right to (i) establish, eliminate and / or revise the Charges for any service or product obtained through the use of the Fallaneeds Site at any time and in its sole discretion and (ii) determine the manner in which you will dispose of any payment received by Fallaneeds from a User in the event of a dispute between the User and the Freelancer, including the possibility of remitting such payment to Freelancer, returning a payment to the User or withholding such payment on deposit until the dispute is resolved by judicial or another type. Just like that, you acknowledge and accept that Charges applicable in certain geographic areas may increase significantly during times of high demand. Fallaneeds will take reasonable steps to inform you of the Charges that may apply. Fallaneeds may, when deemed appropriate, offer certain Users promotional offers and discounts that may give rise to different charges for the same or similar services or products obtained through the use of the Fallaneeds Site, and you accept that these promotional offers and discounts , unless they are also made available to you or are applicable to you, they will not apply to your use of the Fallaneeds Site or the Charges that apply to you. Users may choose to cancel requests for services or products from a Freelancer at any time,

5. INTELLECTUAL PROPERTY; COPYRIGHT; CONFIDENTIALITY

    The. INTELLECTUAL PROPERTY RIGHTS.

All text, graphics, editorial content, data, format, graphics, designs, HTML language, look and feel, photographs, music, sounds, images, software, videos , the fonts and other content (collectively, “Exclusive Material”) that you view or read through the Fallaneeds Site is the property of Fallaneeds, with the exception of Content that Fallaneeds is entitled to use as described above. Exclusive Material is protected in all its forms, means and technologies known today or developed in the future. Fallaneeds owns all of the Exclusive Material, as well as the coordination, selection, disposition and improvement of such Exclusive Material as a Collective Work under the United States Copyright Law, with its modifications. The Exclusive Material is protected by national and international laws on copyright, patents and other intellectual property rights and laws. You may not copy, download, use, redesign, reconfigure or retransmit any element of the Fallaneeds Site without the express prior written consent of Fallaneeds and, if applicable, the holder of the rights to the Content. Any use of this Exclusive Material, except as permitted by virtue of this, is expressly prohibited without the prior permission of Fallaneeds and, if applicable, the holder of the rights to the Content. reconfigure or retransmit any element of the Fallaneeds Site without the express prior written consent of Fallaneeds and, if applicable, the holder of the rights to the Content. Any use of this Exclusive Material, except as permitted by virtue of this, is expressly prohibited without the prior permission of Fallaneeds and, if applicable, the holder of the rights to the Content. reconfigure or retransmit any element of the Fallaneeds Site without the express prior written consent of Fallaneeds and, if applicable, the holder of the rights to the Content. Any use of this Exclusive Material, except as permitted by virtue of this, is expressly prohibited without the prior permission of Fallaneeds and, if applicable, the holder of the rights to the Content.

Fallaneeds's service marks and trademarks, included, enunciatively and non-exhaustively, “Fallaneeds” and the Fallaneeds logos are service marks owned by Fallaneeds. Any other trademarks, service marks, logo and / or trade names appearing on the Fallaneeds Site are the property of their respective owners. You may not copy or use any of these brands, logos or trade names that appear on the Fallaneeds Website without the express prior written consent of the owner.

    - B. Copyright complaints and copyright agents.

Fallaneeds respects intellectual property, and expects users to do the same. If you have a good faith belief that any of the materials provided on the Fallaneeds Site or e in connection with it violate your copyright or other intellectual property rights, send the following information to: Fallaneeds, 1732 1ST AVE, NUMBER 28490 , New York, NY 10128, United States.

         (i) Identification of the intellectual property right that you claim has been infringed. All relevant registration numbers, or a statement of ownership of the work, must be included.

        (ii) A statement that specifically identifies the location of the material that you claim is infringing your rights, in sufficient detail for Fallaneeds to be able to find it on the Fallaneeds Site. Please note that it is not enough to simply provide a top-level URL.

         (iii) Your name, address, telephone number and e-mail address.

          (iv) A statement made by you indicating that you have a good faith belief that the use of the material that allegedly infringes your rights is authorized by the rights owner, its agents or the law.

          (v) A statement made by you, under penalty of perjury, indicating that the information included in your notice is accurate, and that you are the copyright owner or are authorized to act on behalf of the copyright owner.

         (vi) A physical or electronic signature of the copyright owner or the person authorized to act on behalf of the copyright owner.

    ç. CONFIDENTIAL INFORMATION.

You acknowledge that Confidential Information (as defined below) is a valuable, special and unique asset of Fallaneeds and agree that it will not disclose, transfer, use (nor attempt to induce others to disclose, transfer or use) Confidential Information for purposes other than be the disclosure to its employees and authorized agents who are obliged to maintain the confidentiality of Confidential Information. You must immediately notify Fallaneeds in writing of any circumstance that may constitute a disclosure, transfer or unauthorized use of Confidential Information. You must do everything possible to protect Confidential Information. You must do everything possible to protect Confidential Information from unauthorized disclosure, transfer, or use. You must return all originals and any copies of materials containing Confidential Information to Fallaneeds at the time of termination of this Agreement for any reason. The term “Confidential Information” will refer to all Fallaneeds trade secrets and confidential and proprietary information and to all other information and data from Fallaneeds that, in general, are not known to the public or third parties that may obtain a value , economic or otherwise, with its use or disclosure. Confidential Information will be considered to include technical data, know-how, studies, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, configuration information. hardware, marketing,

6. DISCLAIMERS OF LIABILITY; LIMITATION OF LIABILITY; INDEMNITY

    The. DISCLAIMER OF LIABILITY.

Products and services purchased or offered (whether through recommendations and suggestions or not) through the Fallaneeds Website (including, enunciatively and non-exhaustively, Freelance Services) (“Fallaneeds Services”) are offered “AS IS. FIND ”and without any guarantee of any kind on the part of Fallaneeds or other persons (unless, with respect to these other persons only, it has been offered expressly and unequivocally in writing by a third party designated for a specific product). Fallaneeds'S [JCM6] SERVICES ARE OFFERED "AS IS" AND ARE "SUBJECT TO AVAILABILITY". YOUR USE OF THE Fallaneeds SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Fallaneeds SERVICES ARE OFFERED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDED, FOR ANY EXPRESS AND NON-TAXATIVE TITLE, THE IMPLIED WARRANTIES OF FITNESS FOR SALE, FITNESS FOR A PARTICULAR PURPOSE OR LEGALITY. WITHOUT DAMAGE TO THE FOREGOING, Fallaneeds AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL COMPLY WITH USER REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT A PARTICULAR TIME OR LOCATION, WITHOUT INTERRUPTIONS OR SAFELY; THAT DEFECTS OR ERRORS WILL BE CORRECTED; NOR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Fallaneeds DOES NOT GUARANTEE THE QUALITY, QUALITY, SAFETY OR SKILL OF FREELANCERS. THE USER ACCEPTS THAT THE RISK THAT ARISES FROM THEIR USE OF THE SERVICES AND SERVICES OR PRODUCTS REQUIRED IN RELATION TO THEM IS EXCLUSIVELY ON THE USER'S EXCEPTION TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. YOU AGREE THAT Fallaneeds WILL NOT BE LIABLE FOR YOUR ACTIONS OR OMISSIONS OR THE ACTIONS OR OMISSIONS OF ANY USER OR FREELANCER.

    B. LIMITATION OF LIABILITY.

Fallaneeds WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF FUNDS, LOSS OF DATA, PERSONAL INJURY OR DAMAGE TO PROPERTY, RELATED TO THE USE OF THE SERVICES OR CONCERNS WITH THE USE OF THE SERVICES OR CONCERNS HIM, INCLUDING THE CASE OF Fallaneeds HAS BEEN INFORMED ABOUT THE POSSIBILITY OF SUCH DAMAGES. Fallaneeds WILL NOT BE LIABLE FOR DAMAGES, LOSSES OR LOSSES ARISING FROM: (i) YOUR PROVISION, USE OR DEPENDENCE ON Fallaneeds'S SERVICES, OR YOUR INABILITY TO ACCESS OR USE Fallaneeds'S SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN THE USER AND ANY FREELANCER, EVEN IF Fallaneeds HAS BEEN INFORMED ABOUT THE POSSIBILITY OF SUCH DAMAGES. Fallaneeds WILL NOT BE LIABLE FOR THE DELAY OR FAILURE THAT RESULTS FROM CAUSES THAT EXCEED ENONZ'S REASONABLE CONTROL. THE USER ACKNOWLEDGES THAT IT IS POSSIBLE THAT FREELANCERS THAT OFFER FREELANCE SERVICES DO NOT HAVE PROFESSIONAL LICENSES OR AUTHORIZATIONS. IN NO EVENT WILL Fallaneeds'S TOTAL LIABILITY TO YOU IN RELATION TO THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE TOTAL CHARGES PAID OR RECEIVED BY YOU THROUGH THE Fallaneeds FOR THE SIX (6) MONTH IN THE SAST (6) MONTH IN THE MONTH SUBMITTED THE COMPLAINT.

 THE Fallaneeds SERVICES MAY BE USED BY THE USER TO REQUEST AND PROGRAM LOGISTICS PRODUCTS OR SERVICES WITH FREELANCERS, BUT YOU AGREE THAT Fallaneeds HAS NO RESPONSIBILITY IN FRONT OF YOU IN RELATION TO PRODUCTS OR LOGISTICS SERVICES USED BY THE USER OR USERS OF THE USER OR USERS. RESPECT TO THE USER'S USE OF FREELANCE SERVICES (INCLUDING LACK OF PAYMENT) MORE THAN WHICH IS EXPRESSLY SET FORTH IN THESE TERMS.

THE LIMITATIONS AND DISCLAIMER OF LIABILITY SET FORTH IN THIS SECTION 6 ARE NOT INTENDED TO LIMIT LIABILITY OR TO CHANGE USER'S RIGHTS AS A CONSUMER, WHICH CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

    ç. INDEMNITY.

You agree to release any liability and keep Fallaneeds and its executives, directors, employees and agents exempt from any claim, demand, loss, liability and expense (including, enunciative and non-exhaustive, attorney's fees) arising or arising relate to: (i) your use of the Fallaneeds Site or the services or products obtained or provided or sold through your use of the Fallaneeds Site, including any content transmitted or received by you, or access or use of the Fallaneeds Site by a third party with your username and password; (ii) your breach or violation of any of these Terms or applicable laws, rules or regulations (including, enunciatively and non-exhaustively, laws in tax or professional matters); (iii) the use of your Content by Fallaneeds;

7. DISPUTES BETWEEN FREELANCERS AND USERS

[JCM8] Your interactions with organizations and / or individuals found on or through the Fallaneeds Site, including payment and delivery of products and services, and any other term, condition, warranty or statement associated with these communications are made exclusively between you and such organizations and / or individuals. You must carry out any investigations you deem necessary or relevant to any online or offline transaction with any of these third parties. You accept that Fallaneeds will not be responsible for any loss or damage of any kind arising as a result of such communications.

If there is any dispute between Users and / or Freelancers, or between Users and / or Freelancers and any third party, you agree that Fallaneeds, in its sole discretion, may determine the amount of the Charges and who to send them to in accordance with Section 4, it being understood that Fallaneeds will in no case have an obligation to engage in such disputes. In relation to disputes with other Users or Freelancers, you hereby agree to keep Fallaneeds free from claims, claims and damages, real and consequential, of any kind and nature, known and unknown, that relate to such dispute or our determinations about it.

8. DISPUTES WITH Fallaneeds

     The. JUDGMENT DISPENSE.

You acknowledge and accept that you and Fallaneeds are waiving the right to a jury trial or to participate as a claimant or party to any intended collective action or representative action. Likewise, unless you and Fallaneeds agree to the contrary in writing, the arbitrator cannot consolidate the complaints of more than one person and also cannot resolve collective demands or representative actions of any kind. If this particular paragraph is found to be invalid, then the entirety of this “Dispute Resolution” section will be considered void. Except as indicated in the previous sentence, this section of "Dispute Resolution" will remain in effect after the termination of these Terms. unless you and Fallaneeds agree otherwise in writing, the arbitrator will not be able to consolidate the claims of more than one person and will also not be able to settle collective demands or representative actions of any kind. If this particular paragraph is found to be invalid, then the entirety of this “Dispute Resolution” section will be considered void. Except as indicated in the previous sentence, this section of "Dispute Resolution" will remain in effect after the termination of these Terms. unless you and Fallaneeds agree otherwise in writing, the arbitrator will not be able to consolidate the claims of more than one person and will also not be able to settle collective demands or representative actions of any kind. If this particular paragraph is found to be invalid, then the entirety of this “Dispute Resolution” section will be considered void. Except as indicated in the previous sentence, this section of "Dispute Resolution" will remain in effect after the termination of these Terms.

      B. INFORMAL NEGOTIATION.

In order to speed up resolution and reduce the cost of any dispute, controversy or claim related to this Agreement or otherwise arising from the relationship between you and Fallaneeds, you accept as a first attempt to negotiate any dispute informally for at least thirty ( 30) days before starting any arbitration or judicial proceedings. These informal negotiations will begin upon written notification. Your address for the purposes of these notifications will be the address indicated on your Fallaneeds account. Fallaneeds's address for the purposes of these notifications is Fallaneeds LLC, 1732 1ST AVE, NUMBER 28490, New York, NY 10128, United States.

     ç. ARBITRATION.

In the unlikely event that Fallaneeds was unable to resolve a Dispute it has with you after attempting to do so informally, you agree to resolve any Dispute arising out of this Agreement or your breach or alleged breach, or in relation to them , through binding arbitration before the American Arbitration Association (“AAA”) in the city of Miami, Florida, pursuant to the commercial rules in effect at that time for AAA, except as provided herein (the “AAA Rules”). The party wishing to initiate the arbitration must send a written Arbitration Request to the counterparty, as specified in the AAA Rules. (AAA offers a form called “Demand for Arbitration] at www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175). The arbitrator will be a retired judge or a lawyer licensed to practice in the state of Florida and will be selected by the parties on the list of arbitrators for disputes between AAA consumers. If the parties cannot reach an agreement on the choice of arbitrator within seven (7) days of the submission of the Arbitration Request, then AAA will designate an arbitrator in accordance with the AAA Rules. the arbitrator will issue a report within the time specified in the AAA Rules. The arbitrator's decision will include the main determinations and conclusions on which the arbitrator based his report. The award based on the arbitral award will be issued exclusively in the state and federal courts of Miami Dade County, Florida. The damages and losses included in the arbitral award shall be consistent with the terms of the “Limitation of Liability” section above in terms of the type and amount of damages for which a party may be held responsible. The report issued by the arbitrator must include the costs of arbitration, reasonable fees for lawyers and reasonable costs for experts and other witnesses, and any sentence based on the report issued by the arbitrator may be dictated by any court of competent jurisdiction. The United States Federal Arbitration Act will govern interpretation. and any sentence based on the award issued by the arbitrator may be issued in any court of competent jurisdiction. The United States Federal Arbitration Act will govern interpretation. and any sentence based on the award issued by the arbitrator may be issued in any court of competent jurisdiction. The United States Federal Arbitration Act will govern interpretation.