The Brave New Market LLC
Terms of Service
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We, the folks at The Brave New Market LLC (hereafter “TBNM”), run what we call a “project and relationship management service for freelancers and people who hire freelancers” and would love for you to use it. Our service is designed to give you the possibility to gain more financial control and accountability over your freelance projects and partners, represent yourself and the way you do business and interact with our community on business related topics and conundrums. You are trusting us with your business projects and payments and we take this responsibility very serious. That means we do everything in our power to keep your funds and data secure. For example our carefully chosen partner for escrow services is one of the few companies licensed as an Internet Escrow Agent by the California Department of Business Oversight (DBO), the state regulatory body that oversees financial services, products and professionals. As such they have to adhere to rigorous government requirements and must maintain significant bond insurance coverage to protect their customers.
TheBraveNewMarket.com’s signup, setup and basic service is free, and we only charge transaction fees for the escrow services that accompany our project management service. We try giving you as much control and ownership over what goes on your profile page and your forum contributions and messages as possible. However, be responsible in what you publish. In particular, make sure that none of the prohibited items (like spam, viruses, or serious threats of violence) appear in any of the content you produce or share.
If you find a TheBraveNewMarket.com profile that you believe violates these Terms of Service, please contact our support team.
Terms of Service:
Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our services, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access or use any of our services. If these terms and conditions are considered an offer by TBNM, acceptance is expressly limited to these terms.
Our Services are not directed to children younger than 18, and access and use of our Services is only offered to users 18 years of age or older or a legal entity who can from legally binding contracts. If you are under 18 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 18 years of age or older.
Use of our Services requires a TheBraveNewMarket.com account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.
You hereby agree to be financially responsible your use of TBNM and for the purchase or delivery of services through TBNM.
TBNM reserves the right in it’s sole discretion to suspend or refuse your access to it’s offered services, if the information you provided to us is found to be inaccurate or violates our Terms of Service.
- Your TheBraveNewMarket.com Account. Your account with TBNM lets you enter and/or setup a freelance project with a project partner as Client or Freelancer. You can hire for one project and be the one who gets hired in the next project. TBNM allows you to level the field between Freelancer and Client, since project details and ratings are collected and displayed the same for everybody. Everybody has the same kind of account and profile. If you create an Account and Profile on TheBraveNewMarket.com, you are responsible for maintaining the security of your account and profile, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your account. You must immediately notify TBNM of any unauthorized uses of your your account, or any other breaches of security. TBNM will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors. If you operate an account and profile, comment on a thread, send messages to other users or otherwise make (or allow any third party to make) material available (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By making Content available, you represent and warrant that your content does not violate these terms. By submitting Content to TBNM for inclusion on your website, you grant TBNM a world-wide, royalty-free, and non- exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing, and promoting your profile and business. This license allows TBNM to make publicly-posted content available to third parties selected by TBNM so that these third parties can analyze and distribute (but not publicly display) your content through their services.
- You also give other TBNM users permission to share your Content and add their own Content to it, so long as they use only a portion of your post and they give you credit as the original author by linking back to your profile or original post. If you delete Content, TBNM will use reasonable efforts to remove it from TheBraveNewMarket.com, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, TBNM has the right (though not the obligation) to, in TBNM’s sole discretion, (i) refuse or remove any content that, in TBNM’s reasonable opinion, violates any TBNM policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of TheBraveNewMarket.com to any individual or entity for any reason. TBNM will have no obligation to provide a refund of any amounts previously paid.
- Escrow Use. The use of the escrow service is intended to make freelance transactions more secure for all parties involved. You agree to use the escrow service, as intended, only for business use and not for personal, consumer or other purposes.
- Escrow Fees and Payments. If you set up a TBNM account, your initial transactions fees for the escrow services of your first three projects are 2% regardless if you are the project partner that is hiring or being hired. This fee will drop to 1.75% after you have successfully completed 3 escrow projects or if you successfully complete $10,000 or more in total escrow project transactions. A project is successfully completed when all milestones are completed and confirmed by both project partners. The lower fee will apply to your next projects unless you enter and successfully complete a single project that has $10,000 or more in escrow project budget funds. I that case the lower fee applies to the project right away. Minumum fees are $10 for completed transactions. For international wire transfers we are charging an additional fee of $45. (Taxes?!)
- Escrow refunds and Dispute Resolution. TBNM can and will not get involved in disputes between project partners or offer refunds to either party. You are responsible for the way you are doing business and handle communication and disputes with your business partners. We are providing a tool that helps you keep project partners accountable, milestones clear for everybody and project budgets safe, but you are still responsible for the project partners that you choose to work with and the way you handle your own business. Funds will remain in escrow until project partners can come to an agreement or one of the project partners chooses to cancel the project. Until this point we will refrain to get involved in disputes and have the sole responsibility to keep project budgets safe until otherwise instructed by both parties in written form or a final order of an arbitrator or court of competent jurisdiction.
- Project cancelation. If one of the project partners chooses to cancel the project at any time, the full escrow fees will be deducted from the project funds, funds for successfully completed milestones will be release to the project partner who is being hired and the remaining funds will be refunded to the project partner who is hiring. Example: For a project with 4 milestones that is being canceled after 2 milestones, that means at 50% completion, the project fees will be deducted, 50% of the remaining project funds will be released to the partner who is being hired and the remaining project funds wlll be refunded to the person who is hiring. The public profile of each project partner will have an added canceled project showing in their total of canceled projects that they have been involved with.
Responsibility of Visitors.
- User Rating. After any successfully completed project, you are obligated to rate your experience with your respective project partner. You hereby agree to do so truthfully and to the best of your knowledge and judgment. TBNM has the liberty to review rating processes and question project partners if we have reason to believe that users try to cheat the system in any way. TBNM has the liberty to cancel the accounts of users without previous warning, if we find our research to be sufficient evidence of fraudulent or dishonest behavior in the activity of the users.
- Milestone Rating. Milestones that are successfully completed and confirmed by both project partners will automatically influence the responsible users project- and profile rating, depending on if milestones are successfully completed on time. A milestone is successfully completed when both project partner confirm the completion of the milestone or when responsible user confirms the completion of the milestone and the other project partner fails to confirm or deny the completion of the milestone in time. In the unlikely event that automatic milestone ratings for a project are incorrect due to a software problem, TBNM will take reasonable and appropriate effort to correct the effected ratings and fix the software problem. You hereby agree that TBNM will not be held liable for any temporary or permanent damages, financial or other, to users profiles, business opportunities or any other damages.
Content Posted on Other Websites.
- TBNM has not reviewed, and cannot review, all of the material, including computer software, posted to our Services, and cannot therefore be responsible for that material’s content, use or effects. By operating our Services, TBNM does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. TBNM disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.
- We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which TBNM links, and that link TheBraveNewMarket.com. TBNM does not have any control over those non-TheBraveNewMarket.com websites, and is not responsible for their contents or their use. By linking to a non- TheBraveNewMarket.com website, TBNM does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. TBNM disclaims any responsibility for any harm resulting from your use of non- TheBraveNewMarket.com websites and webpages.
- As TBNM asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by TheBraveNewMarket.com violates your copyright, you are encouraged to notify TBNM. TBNM will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. TBNM will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of TBNM or others. In the case of such termination, TBNM will have no obligation to provide a refund of any amounts previously paid to TBNM.
- This Agreement does not transfer from TBNM to you any TBNM or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with TBNM.
- Trademarks. TBNM, TheBraveNewMarket.com, The Brave New Market LLC, the The Brave New Market logo, and all other trademarks, service marks, graphics and logos used in connection with TheBraveNewMarket.com or our Services, are trademarks or registered trademarks of TBNM or TBNM’s licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any TBNM or third-party trademarks.
- Association with TBNM. Under no circumstances are you allowed to modify another website in any shape or for to falsely imply that it is associated with TBNM or any of the services that TBNM provides.
- We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on forum, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
Disclaimer of Warranties.
- TBNM may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your TheBraveNewMarket.com account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Limitation of Liability.
- Our Services are provided “as is.” TBNM and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither TBNM nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
General Representation and Warranty.
- In no event will TBNM, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to TBNM under this agreement during the twelve (12) month period prior to the cause of action. TBNM shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
US Economic Sanctions.
- You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and TBNM reserves the right to terminate accounts or access of those in the event of a breach of this condition.
- You agree to indemnify and hold harmless TBNM, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.
- These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
- If TBNM fails to enforce or exercise any rights or provisions of the Terms of Service, such failure shall not constitute a waiver of such rights or provisions. This Agreement constitutes the entire agreement between TBNM and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of TBNM, or by the posting by TBNM of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the State of New York, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Kings County, New York. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in New York, New York, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; TBNM may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.