TERMS OF SERVICE
Welcome to 80.lv LLC (“80 level”, “we”, “us”). Please read these terms carefully before using the site https://80.lv/ (the “Site”). By accessing the Site, using services, registering an account or by clicking to accept or agree to this Terms of Service when this option is made available to you, you (the «Client» or «you») agree to be bound by the rules set forth in these Terms of Service (hereinafter the “TOS”) which constitute a binding legal agreement between you and 80 level.
IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE, PLEASE DO NOT ACCESS THE SITE AND USE THE SERVICES.
1. TERMS AND DEFINITIONS
The terms defined below have the following meanings:
1.1 Account - means a Client’s webpage on the Site that is available for Client after registration and allows to use the services.
1.2 Affiliate - means with respect to any specified entity, 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.
1.3 Artist - means a person who manages, promotes and sells his/her services and ideas by means and tools provided by 80 level.
1.4. Artist Services - means Content creation work performed by the Artist for the Client.
1.5. Request for Proposal (“RFP”) - means the request sending to the Artist by the Client by means and tools provided by 80 level on the Site and containing the details of the Content that the Client wants to receive and a list of questions about the Artist and Artist Services that the Artist should answer.
1.6 Client - an individual or legal entity including but not limited to game studios who buy Artist Services.
1.7 Content - means the software, pictures, plugins, videos, software tools, applications, content, 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 Artist Services.
1.8 Profile - means Artist’s personal webpage created by means and tools provided by 80 level contains Artist’s resume, list of the Content and terms of Artist Services.
2.1 80 level offers you the opportunity to view Artists’ Profiles, search for Artists and Artist Services, and send Requests for Proposals to Artists.
2.2 You do not have to register an Account to view Profiles, however only registered Clients may send Requests for Proposals. Registration of the Account on the Site is free for all Clients.
2.3 We charge fees for the service of sending Requests for Proposals as detailed here.
2.4 You will be able to give the Artist whose services you are interested in a full brief for the content you need in Request for Proposal. It is the Artist’s right to answer to your Request for Proposal or reject it.
2.5 You are responsible for choosing the Artist and Artist Services to meet your needs and making sure that all aspects, including the scope of services, the number of revisions available and turnaround time, etc. meet your needs.
2.6 You agree to enter into a separate agreement directly with the Artist regarding the Artist Services (the “services agreement”). 80 level is not part of any services agreements you enter. 80 level is not a re-supplier of Artist Services. There is no joint venture or agency relationship between any Artist, Client and us.
3. THE CLIENT ACCOUNT
3.1 You shall register on the Site in order to have an opportunity to send Requests for Proposals. 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.
3.2 You can register an Account on the Site only in the event you meet the following criteria: a) information you give to 80 level is true, accurate and complete; b) you will keep your Account information up-to-date; c) you are not located in a sanctioned country and are not on a sanctioned person list; d) you must not use a virtual private network or VPN or any other means to avoid compliance with these TOS, or for any fraudulent or illegal reasons; e) you will not breach any of the terms of TOS; f) you will participate fully in the dispute resolution process if any; and g) you will follow any other 80 level policies or rules that apply to the Site, personal data or any other relations between you and 80 level.
3.3 After registration you shall receive access to your Account. You must keep your password secure and confidential.
3.4 All actions performed in the Account shall be considered as actions performed by you. You are and shall remain responsible for all activities that occur using your username, password and Account.
3.5 By registering your Account you represent and warrant to 80 level that you are a legal entity or an individual of at least 18 years old who can form a legally binding contract at law.
4. REQUEST FOR PROPOSAL
4.1 Artists create Profiles by a number of tools provided by 80 level to present Profiles on the Site and receive Requests for Proposals from the Clients. If you find the Profiles of an Artist who provides Artist Services you are interested in, you can send a Request for Proposal using the RFP button. This button is located on the page with Profile and is available for you after logging in to your Account.
4.2 Before sending the Request for Proposal, you shall add information about the content you want to receive or the Artist Services you want to be provided and describe the basic requirements for Artist Services, terms and conditions, payment conditions, information about you (including personal data of the authorized representative(s), and contact details), etc. in your Account. Please note that the information you provide will be available in full for Artist.
4.3 When you press the RFP button, the draft of Request for Proposal will be displayed. You may add a list of questions for the Artist about the Content and Artist Services that you are interested in to the Request for Proposal. You shall press the Send button for sending the Request for Proposal to Artist.
4.4 The Artist may answer your Request for Proposal or reject it. In any case, you will get a notice with information about your Request for Proposal. You may view notices in your Account on the Site.
4.5 The Request for Proposal contains no contractual offer of any kind. The Artist’s answer to Request for Proposal shall be regarded as an offer made by the Artist and not as an acceptance of the Client’s offer. The Request for Proposal does not commit the Client to consider any Artist’s answers. No contractual relationship between the Client and the Artist will exist except pursuant to a separate services agreement.
4.6 You can add information about the Artist Services that is connected with the Content creation only. You agree and undertakes that your Account and Requests for Proposals does not contain information or suggestions concerns adoption agencies services; selling real-world exotic animals; betting, gambling, casinos, bingo or 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; 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 e-wallets, prepaid cards – virtual currency; esoteric, psychic services; people and organizations that support terrorism; loans; production, sale or trafficking of real-world weapons or munitions; selling real-world replicas or imitations of products; sex shops and erotic items; advance payment systems (Partial Payments) services, vehicle payment plans; on-line auctions; selling prepaid phone cards, VoIP, text messaging; selling objects and services which promote racism and discrimination; organ trafficking; invasive cosmetic procedures; sale of real-world precious stones / high-value fine jewelry; sale of hallucinogenic substances and illegal drugs; network marketing, benefits from admittance of new members; zoophilia / child pornography.
5. PAYMENT AND PRICING
5.1 You agree to pay 80 level the prices posted on the Site for Services of sending Requests for Proposals and all applicable taxes. You can review and accept the total amount requested to pay before the payment. We reserve the right to change prices at any time at our sole discretion and upon notice posted in advance on the Site. Unless otherwise stated, all prices are quoted in United States Dollars.
5.2 You may pay 80 level through the payment options made available on the Site. Payments are to be made in advance. All payments are final and non-refundable.
6. INTELLECTUAL PROPERTY
6.1 80 level. We own all the content that we have put on our Site (unless otherwise stated). This includes the design, compilation and look and feel of the Site, all copyright, 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 TOS (or otherwise allowed at law).
6.2 The Client. a) You promise that you own, or have the appropriate rights to use, everything that you add in your Account and submit via the Request for Proposal. This includes everything that you send to or make available to Artists and (or) us including all files, assets, communications and other materials. You promise that the use of this content, materials and information won’t infringe anyone else’s rights and that no further permissions from others are required.
b) You will retain all intellectual property rights in and to the content, materials, information, ideas, concepts, techniques, inventions and processes provided in the Request for Proposal, 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.
7.1 In case the Client receives and performs processing of third parties’ personal data (such as the Artist’s personal information), the Client is solely responsible for compliance with the appropriate measures for the protection of personal data in accordance with applicable law.
b) We may disclose your personal information electronically or in writing to our Affiliates and (or) Artists located in the United States and other jurisdictions who may be subject to applicable disclosure laws in those jurisdictions.
c) We may use aggregate, non-identifiable information about the Site users (including you) for promotional and advertising purposes.
d) We do not sell your personal information to other third parties.
8. CONFIDENTIAL INFORMATION
8.1 “Confidential Information” shall mean any and all non-public 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 (your, your authorized representatives’, other Clients and their authorized representatives, Artists and (or) any 80 level respective employees, officers, directors, and agents), Request for Proposal details including but not limited to financial information, business policies or practices, marketing plans, and any other information you have provided to Artists in the Requests for Proposals and (or) to 80 level.
8.2 You may not disclose Confidential Information to any other person, and you may not use any Confidential Information except for the purpose of this TOS. Except as otherwise provided in the TOS, you may not, without our prior written consent, at any time, during or after the term of these TOS 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, which may come to your attention.
8.3 80 level agree to use reasonable efforts to maintain the confidentiality of the information and materials that are included in the Request for Proposal and added in your Account and use such information and materials only for the purpose of this TOS.
8.4 80 level represents and warrants that all Artists who create a Profile on the Site are bound by confidentiality restrictions regarding Requests for Proposals no less stringent than those contained in clause 8.2, and assume full liability for acts or omissions that are inconsistent with its obligations under the Terms and Conditions as detailed here.
9. FORBIDDEN ACTIONS
9.1 The Client has no right to: a) attempt to gain unauthorized access to computer systems or content through the Site; b) attempt to contact other Clients or Artists through the Site, otherwise than via the Requests for Proposals, 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 Client or Artists; d) enter any arrangements that are not consistent with these TOS; 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 or Profiles in a way that violates applicable law, 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 TOS or any right under the TOS, without the prior written consent of 80 level.
9.2 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.
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 WITH OR WITHOUT FURTHER NOTICE TO YOU.
10. DISCLAIMER OF WARRANTIES
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.
80 level makes no warranty, representation, covenant, or guarantee whatsoever, express or implied: a) that the Site will operate uninterrupted or error-free, that any defects will be corrected; b) that the Site, Profiles and Requests for Proposals will meet your needs or expectations; c) as to the quality or value of any of the content, information, or other material you obtain via the Site from the Artist.
80 level is not a consumer reporting agency as defined by the Fair Credit Reporting Act (FCRA). Please note, that receiving an RFP does not equivalent to employment and has nothing to do with it.
11. LIMITATION OF LIABILITY
11.1 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.
11.3 80 level is not responsible for any relations and arrangements between you and the Artist, all Request for Proposal details and the next services agreement conditions between you and the Artist are your responsibility only.
11.2 80 level shall not be liable for: a) impossibility to use the Site as well 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) unauthorized use and/or misuse of login and password of Client by third parties.
12.1 The Client shall indemnify, defend, and hold harmless 80 level, its Affiliates, and its and their respective employees, officers, directors, and agents from and against all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, and expenses (including reasonable attorneys’ fees) that arise from a third party’s claim resulting from: a) your violation of any term of these TOS; b) your violation of any third party right, including any copyright, access rights, property, or privacy right, and (or) your use of the Site and the services; and/or c) any other type of claim that your behavior caused damage to a third party.
13.1 Governing Law. These TOS 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.
13.2 Disputes. Most concerns can be resolved by 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 TOS, 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.
13.3 Term and Termination. This TOS is effective until terminated. The TOS shall commence on the date upon which you access the Site or register an Account and agree to the terms of the TOS. You may terminate these TOS 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 TOS without any further liability to you. In case of termination, any agreements between you and the Artist remain valid, as they are governed by an independent services agreement between you and the Artist. Sections of these TOS, which by their nature are intended to survive termination of the TOS, will survive and continue to apply in accordance with their terms.
13.4 Amendment. We may occasionally change these TOS, so we encourage you to review the TOS periodically. If you don’t agree to the amendments or to any of the terms in these TOS, your only remedy is to delete your Account and stop using the Site and the services.
13.5 Notices. We may give notice to you by means of a 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 TOS shall be mailed to: 15260 Ventura Boulevard, Suite 2230, Sherman Oaks, California, 91403 USA.
13.6 Severability. If any term of these TOS 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 TOS shall remain in full force.
Last Updated: February 10, 2020