Welcome to 80.lv LLC (“80 Level”, “we”, “us”). Please read these terms carefully before using the website https://80.lv/ (the “Site”). By accessing the Site, viewing any content or using any services available on the Site, you (the “Artist” or “you”) agree to be bound by the rules set forth in these Terms and Conditions (hereinafter the “T&C”, “Terms”) which constitute a binding legal agreement between you and 80 Level. These terms incorporate any additional terms and conditions posted by 80 Level through the sites, or otherwise made available to you by 80 Level.
PLEASE REVIEW THESE TERMS AND POLICY CAREFULLY. YOUR ACCESS TO AND/OR USE OF THE SITES CONSTITUTES YOUR ACCEPTANCE OF, AND CONSENT TO BE BOUND BY, THESE TERMS AND POLICY. IF YOU DO NOT ACCEPT AND CONSENT TO BE BOUND BY THESE TERMS AND POLICY, THEN YOU MUST NOT USE OR ACCESS THE SITES.
The “Last Updated” legend above indicates when these Terms were last changed. We may, at any time and without liability, modify or discontinue all or part of the Sites (including access to the Sites via any third-party links); or offer opportunities to some or all Site users. Any changes will become effective when we post the revised Terms on the Sites. Your use of the Sites following these changes means that you accept the revised Terms.
The terms defined below have the following meanings:
Affiliates – means with respect to any specified entity or any other entity that, directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with that specified entity.
RFP (Request For Proposal) – means the proposal offering to the Artist containing the task of the Client indicating the details of the Сontent that the Client wants to receive.
Client(s) – means individuals or legal entities, including any and all game studios who buy Services.
Content – means the software, pictures, plugins, videos, software tools, applications, computer graphics, including 3D computer graphics, sounds and music or other digital materials which may be integrated only as incorporated and embedded components of electronic games and digital media and distribute such electronic games and digital media or are electronic games themselves, provided by the Artist as an example of his work and/or as a result of Services rendered.
Profile – means your personal webpage created by means and tools provided by 80 Level that may contain but is not restricted to your resume and/or portfolio, a list of the Content and terms of your Services rendered.
Services – means Content creation work performed by the Artist for the Client.
1. SUBJECT OF TERMS & CONDITIONS
1.1 80 Level offers you the ability to create a Profile, manage and promote Services and ideas. The Site has numerous tools and features for creating, publishing and use of the Profile. 80 Level gives you the opportunity to find Clients interested in your Profile.
1.2 Clients will be able to send the Artist in whose Services they are interested a full RFP for Services that the Client is seeking. It is the Artist’s right to accept the RFP or reject it.
1.3 By accepting the RFP, the Artist agrees to provide Services by entering into a separate agreement directly with the Client (the "Services Agreement"). It is your responsibility to make sure you understand the terms of the Services Agreement. 80 Level is not part of any Services Agreement into which you enter. These Terms do not, and will not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between the Artist, 80 Level and the Client.
2. THE ARTIST ACCOUNT
2.1 You shall register on the Site in order to create your Profile. You must select a unique username for your account. You must not use a username that is, in our sole discretion, vulgar, offensive, defamatory, obscene, hateful or otherwise unlawful or objectionable.
2.2 After registration, you shall receive access to your personal account (the “Account”). You must keep your password secure and confidential.
2.3 All actions performed in the Account shall be considered as actions performed by the Artist himself.
2.4 All information you provide to us must be true, complete and current, and you must update this information as necessary to keep it true, complete and current.
2.5 By registering your Account, you represent and warrant to 80 Level that you are an individual who can form a legally binding contract at law; and you are at least 18 years old, and of the age of majority in the jurisdiction from which you access the Site.
3.2 You can create a Profile only in the event that you observe the following rules: a) information that you give to 80 Level is true, accurate and complete; b) you must keep your Account information up to date; c) you are 18 years of age or older; d) your personal details must be kept confidential (including your password); e) you must only make representations on the Profile that are accurate and not misleading or untrue; f) you are not located in a sanctioned country and are not on a sanctioned persons list; g) you must not use a virtual private network or VPN or any other means to avoid compliance with these T&C, or for any fraudulent or illegal reasons; h) you must not breach any of the terms of these T&C; i) you must participate fully in the dispute resolution process, if any; and j) you must follow any other 80 Level policies or rules that apply to the Site, your personal data or any other relations between you and 80 Level.
3.3 You confirm that you own all rights in and to any Content uploaded or imported, copied, uploaded or provided by you via Profile, including any designs, images, animations, videos, audio files, fonts, logos, code, illustrations, compositions, artworks, interfaces, usernames, the information you provide for the purpose of creating a subdomain name, text, literary works and any other materials, or otherwise have (and will continue to have) the full power, title, licenses, consents and authority in and to the Content as necessary to legally access, import, copy, use, publish, transfer or license such Content.
3.4 You have obtained all consents and permissions required under all applicable laws, regarding the posting, transmission and publication of any personal information and/or image or likeness of any person, entity or property which is part of the Content, and you will adhere to all laws applicable thereto.
3.5 The Artist agrees and undertakes that their Profile does not consist of or contain information or suggestions concerning the following:
- adoption agencies or other adoption services;
- selling real-world exotic animals;
- betting, gambling, casinos, bingo or any other game(s) of chance and/or skill that can reasonably be considered similar to gambling;
- selling databases;
- selling real-world alcoholic beverages, tobacco or cigarettes;
- currency exchange / Forex / purchase and sale of securities;
- pawn shops;
- adult chat sites, pornographic content, escorts or links that lead to such websites;
- selling electronic cigarettes (e-cigarettes), vape pens, vape tanks, e-liquids, e-juices or any other electronic nicotine delivery system(s) or product(s);
- investment clubs, the sale of shares, stocks, put options and other investments;
- gold investments, capitalization certificates (investments with rewards);
- concealing and laundering assets of criminal origin;
- pyramid schemes;
- handling and transport of organic, hospital or hazardous waste;
- selling prescription medications;
- electronic wallet and/or credit charges for digital wallets, e-wallets, prepaid cards – virtual currency;
- esoteric, psychic services;
- people and organizations that support terrorism;
- production, sale or trafficking of real-world weapons or munitions; selling real-world replicas or imitations of products;
- sex shops and/or erotic items;
- advance payment systems (Partial Payments) services, vehicle payment plans; online auctions;
- selling prepaid phone cards, VoIP, text messaging;
- selling objects and/or services which promote racism, sexism and/or any other form of discrimination;
- organ trafficking;
- invasive cosmetic procedures;
- sale of real-world precious stones or high-value fine jewelry;
- sale of hallucinogenic substances and illegal drugs;
- network marketing, especially those which benefit from admittance of new members;
- zoophilia and/or child pornography.
THE ARTIST IS SOLELY RESPONSIBLE FOR THE CONTENT UPLOADED IN THEIR PROFILE. IN THE EVENT OF ANY DISPUTES, CLAIMS, AND/OR VIOLATIONS OF THE RIGHTS OF THIRD PARTIES ARISING IN CONNECTION WITH POSTED CONTENT, THE ARTIST IS THE PARTY TO THE DISPUTE AND BEARS FULL RESPONSIBILITY FOR ITS OUTCOME, INCLUDING WITH REGARD TO DAMAGES AND COMPENSATION. THE ARTIST WILL HOLD 80 LEVEL HARMLESS FOR ANY DAMAGES ARISING FROM THE CLAIMS THEREOF.
4. CLIENTS. PROVIDING PROFILE TO CLIENTS
4.1 When you create your Account, you grant us a right to present your Profile to Clients in order to give you the opportunity to receive an RFP from the Client. Please note that 80 Level does not acquire your services, nor are we a re-supplier of your services. You are an independent contractor and are not our employee, sub-contractor, partner or agent. We provide the Site and not the services. You will provide Services and/or Content to and/or for the Client by entering into a Services Agreement directly with the Client.
4.2 In the event that the Client is interested in your Profile, they can send you an RFP wherein they may describe basic requirements for Services, terms conditions, payment conditions, and/or information about the Client (including personal data of the authorised representative(s) and/or contact details). All of this information is strictly confidential and cannot be used for any purposes except acceptance of and performance of the Services as described within the RFP.
4.3 The Artist has the right to accept or reject the RFP by replying to it in order to indicate if you are or are not interested in such a proposal. We insist that you always give your answer to the RFP from the Client in a timely manner.
5. INTELLECTUAL PROPERTY
5.1 80 Level. We own all the content that we have put on our Site (unless otherwise stated). This includes the copy, content, design, compilation and look and feel of the Site, all copyrights, trademarks, designs and other intellectual property on the Site. You will not copy, distribute, modify or make derivative works of any of our content or use any of our intellectual property in any way not expressly stated in these user terms (or otherwise allowed at law).
5.2 The Artist. (A) You promise that you own, or have the appropriate rights to use, everything that you submit via the Profile. This includes everything that you post on the Site and/or in the Profile, and send to or make available to other Artists, Clients and/or us including all files, assets, communications and other materials. You promise that the use of your Content won’t infringe anyone else’s rights and that no further permissions from others are required regarding your Content.
(B) You grant 80 Level a non-exclusive, non-transferable, limited, irrevocable license to the Content a) to present and promote your Profile (including the Content) to Clients and b) for the purpose of cross-promoting the Site. You will retain all intellectual property rights in and to the Content, ideas, concepts, techniques, inventions, processes and works of authorship embodied in the Profile, including, without limitation, modifications, enhancements, derivative works, configurations, translations, upgrades, and interfaces thereto.
(C) The conditions for the distribution of intellectual property rights between the Artist and the Client will be governed by the Services Agreement between them.
6.1 In the event that the Artist performs processing of third parties’ personal data (such as the Client’s personal information), the Artist is solely responsible for compliance with the appropriate measures for the protection of personal data in accordance with all applicable laws.
(B) We may disclose your personal information electronically or in writing to our Affiliates and/or Clients located in the United States and/or any other jurisdiction(s) who may be subject to any applicable disclosure law(s) therein.
(C) We may use aggregate, non-identifiable information about the Site’s users (including you) for promotional and advertising purposes.
(D) We do not sell your personal information to other third parties.
7. CONFIDENTIAL INFORMATION
7.1 “Confidential Information” shall mean any and all nonpublic information that 80 Level designates as confidential, or which, under the circumstances of disclosure ought to be treated as confidential. Confidential Information includes, without limitation, personal information (that which belongs to you, any other Artist(s), Client(s) and/or any respective 80 Level employee(s), officer(s), director(s), and/or agent(s)), RFP details (including but not limited to financial information), Client(s) lists, business policies or practices, marketing plans and any other information you have received from the Client and/or 80 Level.
7.2 You may not disclose Confidential Information to any other person, and you may not use any Confidential Information except for the purpose of these T&C. Except as otherwise indicated in the T&C, you may not, without our prior written consent, at any time, during or after the term of these T&C directly or indirectly divulge or disclose Confidential Information for any purpose or use Confidential Information for its own benefit or for the purposes or benefit of any other person. You agree to hold all Confidential Information in strict confidence and to take all measures necessary to prevent unauthorized copying, use, or disclosure of Confidential Information, and to keep the Confidential Information from falling into the public domain or into the possession of persons not bound to maintain its confidentiality. You will promptly advise us in writing of any improper disclosure, misappropriation, or misuse of the Confidential Information by any person that comes to your attention.
8. RULES OF CONDUCT
8.1 The Artist has no right to: a) attempt to gain unauthorised access to computer systems or content through the Site; b) attempt to contact other Artists or Clients through the Site or use any information gained from the Site with the intention to make a private arrangement that would otherwise be made using the Site; c) disclose personal data and other information about any other Artist or Client, any RFP details that you obtain via the Site, Profile or from the Client directly that can be reasonably regarded as confidential or is marked as confidential; d) enter any arrangements that are not consistent with these T&C; e) engage in automatic gathering of information from or through the Site (such as "database scraping" or harvesting of email addresses); f) attempt to interrupt or alter the Site's operation in any way (for example through sending mass unsolicited messages, "flooding" servers, or introducing a virus, time bomb, trojan horse, worm, cancelbot or other computer routine); g) use the Site, Profile or any of the Content or provide Services in a way that violates any applicable law(s), that violates the intellectual property or other rights of us or others, or that is fraudulent, obscene, unprofessional, offensive, misleading or defamatory; h) assign these T&C or any right under the T&C without the prior written consent of 80 Level.
8.2 It is prohibited to copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble the Site, or any content offered by 80 Level for use and display within the Site and/or any part thereof in any way, or publicly display, perform, transmit or distribute any of the foregoing without our prior written and specific consent.
8.3 You agree and undertake not to a) submit, transmit or display any Content, or use Content in a context, which may be deemed as defamatory, libelous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of 80 Level or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights), or otherwise shows any person, entity or brand in a bad or disparaging light; b) use any illegal action to collect login data and/or passwords for other websites, third parties, software or services; c) phish, collect, upload, or otherwise make available credit card information or other forms of financial data used for collecting payments, unless done in accordance with any applicable law(s) and in compliance with the PCI DSS standard when applicable; d) act in a manner which might be perceived as damaging to 80 Level’s reputation and/or goodwill, or which may bring 80 Level into disrepute or harm; e) use the Site and/or Profile in connection with any form of spam, unsolicited mail, fraud, scam, phishing, “chain letters”, “pyramid schemes” or similar conduct, or otherwise engage in unethical marketing or advertising.
YOU ACKNOWLEDGE AND AGREE THAT YOUR FAILURE TO ABIDE BY ANY OF THE FOREGOING OR ANY MISREPRESENTATION MADE BY YOU HEREIN MAY RESULT IN THE IMMEDIATE TERMINATION OF YOUR ACCOUNT AND PROFILE WITH OR WITHOUT FURTHER NOTICE TO YOU.
9. DISCLAIMER OF WARRANTIES
Except as provided in a non-excludable law, we are not liable for indirect, incidental, special or consequential damages, loss of revenue or loss of profits which result or arise from your using or accessing the Site, or any inability to use or access the Site. 80 Level is not responsible for any relation(s) and/or arrangement(s) between you and the Client; all RFP details and the subsequent Services Agreement conditions between you and the Client are your responsibility only. 80 Level makes no warranty, representation, covenant, or guarantee whatsoever, express or implied: i) as to the value, quality, timeliness, usefulness, reliability, suitability, truthfulness, or completeness of the Client’s RFP; ii) that the Site will operate uninterrupted or error-free; iii) that the Site and/or the RFP will meet your needs or expectations; iv) as to the quality or value of any of the content, information, or other material you obtain via the Site from the Client.
80 Level is not a consumer reporting agency as defined by the Fair Credit Reporting Act (FCRA). Please note that receiving an RFP is neither the equivalent of, nor a legally binding promise of employment.
10. LIMITATION OF LIABILITY
10.1 You should carefully assess whether the Site is suitable for your needs. Everything on the Site provided by us is given on an ‘as-is’ basis and without warranties, either expressed or implied. We do not promise that your access to the Site or your Profile will be uninterrupted or error-free, or that any defects will be corrected. We make no promises regarding your access to the Site and/or Profile, or the results of your access, in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise. We are not liable to you for any loss claimed or incurred by you or others as a result of any lack of availability.
10.2 We make your Profile available to Clients after we have considered examples of your previous work (your Content). But it is up to the Client to make sure that you and your Services meet the Client’s needs. We don’t formally endorse you and your Services. We don’t have control over anyone else’s business, representations, or the quality of their Services or Content, so we are not liable to you for anything provided by Clients. If you are unhappy with the Client or you have any questions about the Site or Profile, please use the dispute resolution process (section 12.2). As we’re not providing the services, we don’t provide any type of insurance.
10.3 80 Level shall not be liable for: a) impossibility to use the Site and/or Profile for reasons beyond the control of 80 Level, b) any activities and/or inactivities of service providers, services, networks, the Site software or equipment; c) distortion, adjustment, loss of the Profile; d) unauthorized use and/or misuse of login and password of Artist by third parties.
12.1 Governing Law. These T&C and its interpretation, and any disputes that arise hereunder shall be governed in all respects by the laws of the State of California, USA, without giving effect to any principles that may provide for the application of the law of another jurisdiction. The U.N. Convention on Contracts for the International Sale of Goods is hereby expressly disclaimed.
12.2 Disputes. Most concerns can be resolved through the use of our support team at RFP@80.lv. If we are unable to resolve your concerns and a dispute remains between you and 80 Level, this section explains how we agree to resolve it.
Any dispute arising out of or in connection with the T&C, including any question regarding its existence, validity, or termination shall be determined by final and binding arbitration in Los Angeles, California, before a single arbitrator. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures, and the arbitrator shall apply the laws applicable in the State of California.
Judgment on the arbitral award may be entered in any court having jurisdiction thereof. THE PARTIES HERETO EXPRESSLY WAIVE THE RIGHT TO A TRIAL BY JURY. This section shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitrator shall, in the arbitral award, allocate all or part of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys’ fees (and accountant’s fees) of the prevailing party, for payment by the non-prevailing party, and shall determine the prevailing party for this purpose.
12.3 Term and Termination. These T&C are effective until terminated. The T&C shall commence on the creation of your Account and your agreement to the terms of the T&C. You may terminate these T&C at any time upon notice to 80 Level. 80 Level has the right at any time, for any reason or no reason to terminate these T&C without any further liability to you.
The termination of the T&C also means the removal of your Profile. Any agreements between you and the Client remain valid, as they are governed by an independent Services Agreement between you.
Sections of these T&C, which by their nature are intended to survive termination of the T&C, will survive and continue to apply in accordance with their terms.
12.4 Amendment. We may change these Terms and/or Policy from time to time by notifying you of such changes by any reasonable means, including by posting revised Terms or Policy through the Sites. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms or Policy incorporating such changes, or otherwise notified you of such changes. If you do not agree to the amendments or to any of the terms in these T&C, your only remedy is to delete your Account and stop using the Site and Profile.
12.5 Notices. We may give notice to you by means of a general notice through your Account, electronic mail to your email address in our records, or by written communication sent by first-class mail, postage prepaid, or overnight courier to your address on record, provided we have your physical address. All legal notices given by you or required under this T&C shall be mailed to:
15260 Ventura Boulevard, Suite 2230
Sherman Oaks, California, 91403, USA.
12.6 Severability. If any term of these T&C is held to be invalid or unenforceable, that term shall be reformed to achieve as nearly as possible the same effect as the original term, and the remainder of the T&C shall remain in full force.
Last Updated: January 21, 2020