Terms continue 11-19

11. Our Digital Millennium Copyright Act (DMCA) notice and policy

Notifications

We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (a “Notification”).

A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that according to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.

All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include all the following information:

•  A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

•  Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by the Notification, a representative list of such works on the Site.

•  Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.

•  Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted.

•  A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

•  A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.

Counter notification

If you believe your own copyrighted material has been removed from the Site because of a mistake or misidentification, you may submit a written counter notification to our Designated Copyright Agent using the contact information provided below (a “Counter Notification”) notification that includes the following information:

•  Your physical or electronic signature;

•  Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;

•  A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled because of a mistake or misidentification of the material to be removed or disabled; and

•  Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States of America, for any judicial district in which we may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person;

Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney’s fees. Filing a false Counter Notification constitutes perjury.

World Gig Workers Association
Worldgigworkers.com
STE A325 - 362
Attn: Legal Department
Honolulu, Hawaii 96817
legalteam@Worldgigworkers.com
Phone: 1(820) -500-1162

Termination of repeat infringers

We reserve the right, in our sole discretion, to terminate the account or access of any user who is the subject of repeated DMCA or other infringement notifications. Worldgigworkers.com seeks to preserve any and all exemptions from liability that may be available under the copyright law, but does not necessarily stipulate that it is a service as defined in USC Section 512(c) or elsewhere.

12. How do we handle copyright infringement?

We respect the intellectual property rights of others. If you believe that any material available on or through the Website infringes upon any copyright you own or control, please immediately notify us using the contact information provided above. A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification.

Worldgigworkers.com does not permit copyright or intellectual property infringing activities and we reserve the right to remove or delete any Submission that has been identified as infringing this Terms.

Please be advised that according to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Worldgigworkers.com  infringes your copyright, you should consider first contacting an attorney.

13. Can we modify or interrupt service?

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We have no obligation to update any information on our Website. We also reserve the right to modify or discontinue all or part of the services without notice at any time Essential features or components of the Website may also altered, which includes but is not limited to implementing security measures to prevent the service from being used in a manner that violates the law or Terms, modifying the functioning of the services to keep up with technical or technological advancements, introducing or updating additional services and solutions, changing the functional capabilities and features of the services, conducting periodic technical breaks required for the development of the services and to reduce the risk of malfunctions, discontinuing the service or any of its components, implementing significant technological changes and solutions, implementing changes in the policy of entities that manage mobile device systems on which the services operate with respect to the functioning of the service. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

We cannot guarantee the Website will be available at all times. We may experience hardware, software, or other problems, or need to perform maintenance related to the Website, resulting in interruptions, delays, or errors.

You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Website during any downtime or discontinuance of the Website. Nothing in these Terms and Conditions will be understood to obligate us to maintain and support the Website or to make any corrections, updates, or releases.

14. How we handle disputes?

These Terms and Conditions and your use of the Website and the services are governed by and construed in accordance with the laws of the State of Hawaii, Honolulu County if your transaction was processed by Paypal, without regard to its conflict of law principles.  Transaction will also be processed by Paypal Internationally.  The protection of EU consumers, as mandated by the consumer laws of the EU country where the consumer resides, remains unaffected. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms and Conditions.

PLEASE BE ADVISED THAT THESE TERMS AND CONDITIONS CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS, CONTROVERSIES, OR DISPUTES, YOU AND THE PROVIDER HAVE AGAINST EACH OTHER ARE RESOLVED. IT ALSO CONTAINS AN AGREEMENT TO ARBITRATE WHICH WILL, WITH LIMITED EXCEPTIONS OUTLINED BELOW, REQUIRE YOU TO SUBMIT CLAIMS, CONTROVERSIES, OR DISPUTES YOU HAVE AGAINST US TO BINDING, INDIVIDUAL, AND FINAL ARBITRATION, UNLESS YOU OPT-OUT OF THE AGREEMENT TO ARBITRATE. PLEASE READ THIS SECTION CAREFULLY, BECAUSE IF YOU DO NOT OPT-OUT OF THE AGREEMENT TO ARBITRATE YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND YOU WILL ONLY BE PERMITTED TO SEEK RELIEF FOR MANDATORY INDIVIDUAL, BINDING, AND FINAL ARBITRATION AND BE SUBJECT TO A CLASS ACTION WAIVER.

Extent of the Arbitration Agreement. You on the one hand, and the Provider, on the other hand, agree to resolve, by final, binding, and individual arbitration any claim, controversy or Dispute (collectively “Disputes”) arising from or related to these Terms and Conditions, the Provider’s services and/or products, including usage or access, to the Service or lack thereto, or purchase from the Provider, shall be resolved exclusively through final and binding individual arbitration, instead of in court proceedings. By agreeing to arbitration, you understand and agree that you are voluntarily and knowingly forfeiting your right to a trial by jury. You and we further agree and acknowledge that you and we may bring Disputes against each other in an individual capacity, and not as class member (in any purported class or representative proceeding) or plaintiff. “Dispute” shall be construed in the broadest sense permissible under the law and shall include any Dispute whether based past, present, or future events, whether based in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. Disputes requiring arbitration do not include those that are express exceptions, as noted in the “Exceptions to Informal Negotiations and Arbitration” section below. If either party elects to resolve a Dispute by arbitration, then that Dispute will be arbitrated on a final, binding, and individual capacity. Both Parties thereby voluntarily and knowingly agree by entering into this Agreement to waive any right to a jury trial and agree that you and we may bring claims against each other only in an individual capacity, and not as a class member (in any purported class or representative proceeding) or plaintiff.

DISPUTE RESOLUTION PROCESS

Informal Negotiations

We prefer to resolve Disputes directly with you. However, in order to expedite the resolution and control of the costs of any Dispute brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first and foremost, attempt in good faith to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 60 days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party describing the circumstances related to the Dispute and include any important and relevant documentation. Neither Party is compelled to agree to a resolution of the Dispute that is deemed unsatisfactory or unacceptable by either you or us, according to each’s own individual judgement. You must send notice to legalteam@worldgigworkers.com or to the address indicated in the “Contact Us” section of these Terms and Conditions. We will send your notice to the contact information you have provided to us. You are responsible for keeping your account information up to date. We assume no liability nor responsibility for any consequences resulting from your provision or use of outdated, incomplete, or inaccurate information to us. If we are not able to resolve your Dispute (except those Disputes expressly excluded below) through Informal Negotiations within 60 days of you providing written notice, you may commence an arbitration proceeding.

Initiating a Paypal dispute is not recommended unless the matter is not resolved directly within 60 days.

15. Our disclaimer

The Website is provided on an “as-is” and “as-available basis”. If you encounter any issues with the services as described in these Terms, you are entitled to submit a complaint to the Provider. To do so, you should send an email to legalteam@Worldgigworkers.com unless the Provider specifies a different email address for such correspondence on the Site. Your complaint should contain your identification details (email address or contact information), specify the relevant service, describe the issue you are experiencing, and provide justification for your complaint.

If your complaint is incomplete or lacks the necessary information, the Website may request that you provide additional details. If your complaint fails to identify you, the Website may disregard it. The Website will respond to your complaint within 14 days of receipt, or after you have provided the necessary information, if applicable. The Website’s decision on your complaint will be sent to you via the email address you provided in the complaint. The website reserves the right to extend the response time by up to 10 days if extraordinary circumstances arise that are beyond their control (e.g., equipment failure, internet network failure, etc.)

Limitations of liability

We shall not be held responsible for any failure or improper performance of the agreement that may arise due to circumstances beyond our control. This includes situations where your use of the account is inconsistent with the Terms, such as uploading and sharing illegal content, as well as damages that may result from unauthorized access to your account.

Furthermore, the Website shall not be held liable to third parties for any damages resulting from your use of the services in a manner that is inconsistent with the Terms.

In addition, the Website shall not be responsible for:

•  Any harm or damage to third parties resulting from your use of the services in a way that violates the law or Terms.

•  Any content that you provide that violates the law or the rights of third parties protected by law.

•  Any information or materials uploaded, posted, or sent by you.

•  Loss of your data resulting from external factors beyond our control (such as hardware failure) or circumstances caused by third parties, including yourself.

•  Interruptions in the provision of services resulting from circumstances beyond our control, such as force majeure or actions and omissions of third parties.

However, please note that the Website shall not be held responsible for any damages, including loss of profits, unless such damages were intentionally caused by the Provider.

In any case, the Website liability related to the implementation of the contract is limited to actual and direct damages.

Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the lesser of the amount paid, if any, by you to us during the 12-month period prior to any cause of action arising to the amount of atleat $100. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.

IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Indemnification

You agree to defend, compensate, and hold us harmless, including any party connected to us in any way, to the fullest extent permitted by applicable law, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:

•  Your user generated content or Submissions.

•  Breach of these Terms and Conditions.

•  Any breach of your representations and warranties set forth in these Terms and Conditions.

•  Your violation of the rights of a third party, including but not limited to intellectual property rights.

•  Any overt harmful act toward any other user of the Website or the services with whom you connected via the Website.

•  Claims that may arise from a result of an investigation made by the Company, any of its affiliates or the authorities.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

Investigations

Please know that the Website will cooperate with the authorities on any investigation that arises from a violation of these Terms. We will provide the authorities all necessary information of the user that publishes or sends content in violation of these Terms.

16. If you are a California user and resident, who should you direct your complaints to?

 If you have a question or complaint regarding the service, you can send an email to our DMCA designated agent to:  legalteam@Worldgigworkers.com

17. European Union Resident Notice

By accepting these Terms, you agree to the immediate delivery of the services and agree you lose your right to withdraw from the contract.  Worldgigworkers.com is operated and controlled by World Gig Workers Association, Worldgigworkers.com, 200 N Vineyard Blvd, STE A325 - 362, Honolulu, Hawaii 96817

18. Miscellaneous

These Terms and Conditions and any policies or operating rules posted by us on the Website or in respect to the services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.

These Terms and Conditions operate to the fullest extent permissible by law. We may assign any or all our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. Additional services available on the Website may include additional Terms of Use. By using any of the additional features you agree to the additional Terms. If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.

There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site or the services. You agree that these Terms and Conditions will not be construed against us by virtue of having drafted them. You hereby waive all defenses you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.

19. How to contact us

If you have questions or comments about this policy, you may contact us 24 hours 6 days a week from Sunday to Friday, by sending an email:  emailus@worldgigworkers.com or by mail to World Gig Workers Association, Worldgigworkers.com, 200 N Vineyard Blvd, STE A325 - 362, Honolulu, Hawaii 96817

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