Welcome to the Microworkers Service, a web service utility
that connects employers and workers on a micro level. The Microworkers service is
operated by Weblabcenter, Inc. and its subsidiaries and
affiliates ("us," "we", "Microworkers", “site” or
“Microworkers.com”). By using or accessing the Microworkers
Service, you agree that you have read, understand and are
bound by these Terms of Use ("Terms"). We reserve the right,
at our sole discretion, to change or delete portions of
these Terms at any time without further notice. Your
continued use of the Microworkers Service after any such
changes constitutes your acceptance of the new Terms.
Privacy
We care about the privacy of
our users and encourage you to read our
Privacy Policy.
Eligibility
You may not use the
Microworkers Service if you are under 18 years old.
Registration; Account
Security
When you register for and use
the Microworkers Service, you will be asked to provide
information about yourself (First & Last name, Address,
City, Zip code, State, Country"). Your User Data must be
accurate and current at all times. You are solely
responsible for maintaining the security of your account.
This means, for example, that you may not share your
password or let anyone else access your account. If you have
reason to believe that your account is no longer secure,
please let us know immediately.
Prohibited Conduct
By using or accessing the
Microworkers Service, you represent, warrant and agree that
you will not:
-
do anything that could
disable, overburden or impair the proper working of the
Microworkers Service;
-
use any robot, spider,
scraper or other automated means to access the
Microworkers Service;
-
send spam or any other
unauthorized advertisements or solicitations through or
using the Microworkers Service;
-
harvest, collect or use
addresses, phone numbers or email addresses or other
contact information of users of the Microworkers
Service;
-
solicit private information
(including social security numbers, credit card numbers
and passwords) from users of the Microworkers Service;
-
provide any false personal
information in your profile, create more than one
account, transfer your profile, create an account for
anyone other than yourself or create jobs without
authorisation;
-
as a worker you will only
work with one account and will not try to submit same
job twice using more accounts.
-
use your profile for any
commercial purpose;
-
use Microworkers to transfer deposit funds between different
payment gateways;
-
use an iFrame or offer web
search functionality on the Microworkers Service;
-
intimidate or harass any
user;
use proxy servers to access Microworkers.com and/or submit tasks via proxy servers
-
do anything that is
illegal, infringing, fraudulent, malicious or could
expose Microworkers or the Microworkers Service users to
harm or liability; or
-
attempt, encourage or
facilitate any of the above.
User Content
By using or accessing the
Microworkers Service, you represent, warrant and agree that
you will not:
-
start jobs that violate the
law or anyone's rights, including intellectual property
("IP") rights or other proprietary rights (such as
rights of publicity and privacy);
-
post any Contact
Information or private information of any third party;
-
post any false, misleading
or fraudulent information;
-
start any jobs that might
be defined as scam;
-
post any links,
instructions or material that contains software viruses
or any other computer code designed to interrupt,
destroy, or limit the functionality of any computer or
telecommunications equipment;
-
post alcohol-related or
other mature content on Microworkers Service that have
not set appropriate age based restrictions (based on the
country in which the page will be viewable); or
-
post User Content that is
threatening, hateful, racially or ethnically offensive,
or that depicts nudity, pornography or graphic or
gratuitous violence, or anything else that we may
consider offensive.
Microworkers does not pre-screen, review, edit or approve
any pages, websites or information outside or
Microworkers.com domain. Microworkers may, in its sole
discretion, remove or disable access to any page, website or
link posted by its users. Microworkers may block the user
account at any time and disable access to it and all
information (jobs, submitted tasks,...) posted by this
account.
"Content" means any jobs, job
information (requirements, description, title,...) and
anything else that you Post on or through the Microworkers
Service. "Post" means to upload, post, transmit, share,
store, link to or otherwise make available on or through the
Micrroworkers Service.
IP Complaints
We respect the IP rights of
others and we prohibit users from Posting Content that
violates another party's IP rights. When we receive a proper
claim of IP infringement, we promptly remove or disable
access to the allegedly infringing Content. We also
terminate the accounts of repeat infringers in appropriate
circumstances. If you believe that Content on the
Microworkers Service infringes your IP rights, please report
that to us immediately. You can report all IP claims,
including any copyright claims, which will be handled in
accordance with the Digital Millennium Copyright Act. If you
are a user whose Content was removed due to alleged
copyright infringement, and you believe the removal was
mistaken, please contact us.
Your Privacy Practices
We respect the privacy rights
of third parties, and you must do so as well on the
Microworkers Service.
If you collect, access or use information relating to any
user of the Microworkers Service (including information
contained in any user profile) you must obtain consent from
the user and make it clear to the user that the collection,
access and use is being carried out by you and not
Microworkers.
Ownership; Proprietary
Rights
Except for Content submitted by
user, all materials, content and trademarks on the
Microworkers Service are the property of Microworkers and/or
its licensors and are protected by all relevant IP laws and
other proprietary rights (including copyright, trademark,
trade dress and patent laws) and any other applicable laws.
Without limiting the foregoing, MICROWORKERS, the
MICROWORKERS LOGO, MW, Microworkers.com, and all
related logos, are trademarks of Microworkers. Except as
expressly authorized by Microworkers in writing, you agree
not to use, sell, license, distribute, copy, publish,
stream, publicly perform or display, transmit, reformat,
modify, edit, frame, translate, excerpt, adapt, create
derivative works or otherwise make unauthorized use of the
materials, content or trademarks.
Licenses
You are solely responsible for
the User Content that you Post on or through the
Microworkers Service. You hereby grant Microworkers an
irrevocable, perpetual, non-exclusive, transferable, fully
paid, worldwide license (with the right to sublicense) to
(a) use, copy, publish, stream, store, retain, publicly
perform or display, transmit, scan, reformat, modify, edit,
frame, translate, excerpt, adapt, create derivative works
and distribute (through multiple tiers), any User Content
you (i) Post on or in connection with the Microworkers
Service or the promotion thereof subject only to your
privacy settings or (ii) enable a user to Post, including by
offering a Share Link on your website and (b) to use your
account name, jobs started, tasks finished or other
information submitted for any purpose, including commercial
or advertising, each of (a) and (b) on or in connection with
the Microworkers Service or the promotion thereof. You
represent and warrant that you have all rights and
permissions to grant the foregoing licenses.
If you own or control a
website, you may place Microworkers' button, logo and/or
text ("Link": a "Referral Link" or "Regular Link"),
including all trademarks therein, on your website for the
sole purpose of attracting more users on the Microworkers
Service. By offering a Link on your website, you agree,
represent and warrant that you will not place a Referral
Link on any page containing content that would violate these
Terms if Posted on the Microworkers Service. The rights
granted in this paragraph may be revoked by us at any time
in our sole discretion, and upon such termination, you will
immediately remove all Links from your website.
Microworkers Agreement
Policy
By creating Microworkers
account OR by login to your account, you agree to
Terms and
Conditions (this document) and you also agree to
everything displayed on this website. You agree that
Tasks
not rated by Employers will auto-close in 7 days as
Satisfied. If you do not agree with
Anything displayed on this website, please do not
use
Microworkers.
You agree to comply with all applicable federal and
state laws in connection with your use of the Site and Site-related
services.
Disclaimer
References to "Microworkers",
"Microworkers.com" and "this site" refer to the
microworkers.com website and all related websites, it's
owners and any related companies. By using the information,
services and products available through this site and
downloading any software, you are agreeing to the terms and
conditions contained herein. This site provides the
information, services and products available "AS IS", with
no warranties whatsoever. All express warranties and all
implied warranties and non-infringement of proprietary
rights are hereby disclaimed to the fullest extent permitted
by law. This site is not associated with the software it
provides (or display a link to) for download and cannot be held liable for issues
or faults that arise from the download or use of the
software.
Submissions
You acknowledge and agree that
any questions, comments, suggestions, ideas, feedback or
other information that you provide to Microworkers
("Submissions"), are non-confidential and non-proprietary.
Microworkers will be entitled to the unrestricted use of any
such Submission for any purpose, commercial or otherwise,
without acknowledgment or compensation to you.
Refunds
You acknowledge that all payments to Workers and Microworkers service fees are
non-refundable. Only unused money in your account are refundable with the applicable withdrawal fee.
Acknowledgement
You acknowledge that: (1)
Microworkers.com is not a bank,
an escrow service, or other licensed financial institution and does
not provide banking services;
(2) the amounts shown as on deposit, in a User Account are not
segregated into a separate account but represent
unsecured obligations of Microworkers.com to the User with respect
to the purchase and sale of Services through Microworkers.com;
(3) Microworkers.com is not acting as a trustee or fiduciary with
respect to such funds or payments, but is acting only as an agent
and (4) amounts transferred through or stored in the payment
service are not insured or guaranteed deposits.
By initiating and sending payments through Microworkers.com, you
appoint Microworkers.com
as your agent to obtain the funds and hold and to transfer such
funds to the Worker, subject to these terms and conditions.
Inactive Accounts
User Accounts that have been inactive for more than 365 days ("Inactive Accounts") will incur a
dormant account fee of US$5 per month until either the Account is terminated or reactivated. Microworkers.com reserves the
right to cancel Inactive Accounts with a nil or negative balance.
Chargebacks
You acknowledge and agree that any
chargebacks (a chargeback occurs when a buyer rejects or reverses
a charge on his or her credit card through the credit card issuer)
on funds paid to you by Employers through the Site are your
responsibility and you will not hold Microworkers.com liable for
such. You agree that Microworkers.com may reverse any such
payments that are subject to chargeback via our Payment Processors.
To cover the cost of processing chargebacks, Microworkers.com
assesses a US$20.00 fee to Users for credit and debit card payment
chargebacks.
Insufficient funds in Accounts
If there are not sufficient funds in your User Account to meet outstanding fees and charges, Microworkers.com
reserves the right to collect any amounts owing to Microworkers.com by any other legal means.
Taxes
You are responsible for paying any
taxes, including any goods and services or value added taxes, which may
be applicable
depending on the jurisdiction of the services provided by
Microworkers.com. These taxes will be added to fees billed to you, if
applicable.
User Disputes; Complaints
You agree not to hold
Microworkers responsible or liable for the User Content or
actions of third parties (including your interactions with
users) on or relating to the Microworkers Service. This
includes transactions conducted on the Microworkers Service
as well as the collection, handling and sharing of personal
or other information that you provide to third parties. If
you have a dispute with a third party relating to the
Microworkers Service, you release Microworkers and its
directors, officers, employees and agents (collectively, the
"Microworkers Entities") from any claims, causes of action
and damages (actual and consequential) of every kind and
nature, known and unknown, arising out of or in any way
connected with such dispute. If you are a California
resident, you waive California Civil Code §1542, which says:
"A general release does not extend to claims which the
creditor does not know or suspect to exist in his favor at
the time of executing the release, which if known by him
must have materially affected his settlement with the
debtor."
If you believe that the Microworkers Service or
Microworkers' business practices are in any way unfair,
fraudulent or unlawful, you agree to bring it to the
attention of Microworkers's department (use contact us form
or email). If you do not report the issue or continue using
the service after discovering the issue, you expressly waive
the right to claim that the Microworkers Service is unfair,
fraudulent or unlawful with respect to that issue.
Indemnity
You agree to indemnify and hold
Microworkers Entities harmless from and against any claim or
cause of action brought by a third party as well as any
related damages, costs and expenses (including reasonable
attorneys' fees) ("Claim") arising out of or related to your
(a) use of the Microworkers Service or any of the
applications, features, content or materials related
thereto; (b) violation of these Terms; (c) violation of the
rights of any other person or entity; or (d) breach of the
representations, warranties and covenants made by you
herein. Microworkers reserves the right, at your expense, to
assume the exclusive defense and control of any matter for
which you are required to indemnify Microworkers , and you
agree to cooperate with Microworkers' defense of these
Claims.
General Disclaimers
USE OF THE MICROWORKERS SERVICE IS AT YOUR OWN RISK. THE
MICROWORKERS SERVICE, MICROWORKERS WEBSITES AND ALL
APPLICATIONS, FEATURES, CONTENT AND MATERIALS MADE AVAILABLE
ON, IN CONJUNCTION WITH OR THROUGH THE MICROWORKERS SERVICE
ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES
OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, MICROWORKERS, ITS
SUPPLIERS, LICENSORS AND PARTNERS DISCLAIM ALL WARRANTIES,
STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY
RIGHTS. WITHOUT LIMITING THE FOREGOING, MICROWORKERS, ITS
SUPPLIERS, LICENSORS AND PARTNERS DO NOT WARRANT THAT THE
MICROWORKERS SERVICE WILL BE AVAILABLE, UNINTERRUPTED OR
ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE
MICROWORKERS SERVICE OR THE SERVER THAT MAKES IT AVAILABLE
IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
MICROWORKERS IS NOT RESPONSIBLE OR LIABLE FOR, AND DOES NOT
APPROVE OR ENDORSE ANY THIRD PARTY CONTENT, MATERIALS,
WEBSITES OR APPLICATIONS MADE AVAILABLE ON OR THROUGH THE
MICROWORKERS SERVICE (COLLECTIVELY, "THIRD PARTY
MATERIALS"). WITHOUT LIMITING THE FOREGOING, WE ARE NOT
RESPONSIBLE FOR THE CONTENT, ACCURACY, AVAILABILITY,
OFFENSIVENESS, OPINIONS, RELIABILITY, PRIVACY PRACTICES OR
OTHER POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS, AND
WE CANNOT AND DO NOT GUARANTEE THAT THIRD PARTY MATERIALS
(THEIR WEBSITES OR INSTRUCTIONS OR EXPECTATIONS etc.) WILL
COMPLY WITH THE RESTRICTIONS, CONDITIONS OR OBLIGATIONS THAT
WE REQUIRE. IF YOU DECIDE TO USE OR ACCESS THIRD PARTY
MATERIALS, YOU DO SO AT YOUR OWN RISK AND YOU MAY BE
REQUIRED TO AGREE TO TERMS OF SERVICE, PRIVACY AND DATA
GATHERING PRACTICES AND OTHER POLICIES APPLICABLE TO SUCH
THIRD PARTY MATERIALS. PLEASE REVIEW ALL SUCH TERMS AND
POLICIES CAREFULLY.
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, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY
TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Limitation on Liability
UNDER NO CIRCUMSTANCES,
INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL MICROWORKERS
ENTITIES OR THEIR LICENSORS OR SUPPLIERS BE LIABLE FOR ANY
SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE,
RELIANCE OR EXEMPLARY DAMAGES, INCLUDING FOR ANY LOST
PROFITS OR LOST DATA, THAT RESULT FROM YOUR USE OR YOUR
INABILITY TO USE THE MICROWORKERS SERVICE, THE MICROWORKERS
WEBSITES OR ANY APPLICATIONS, FEATURES, CONTENT OR THIRD
PARTY MATERIALS MADE AVAILABLE ON, IN CONJUNCTION WITH OR
THROUGH THE MICROWORKERS SERVICE, EVEN IF MICROWORKERS OR A
MICROWORKERS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT
ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, MICROWORKERS'
LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW.
IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY TO YOU OF
MICROWORKERS ENTITIES OR OF THEIR LICENSORS OR SUPPLIERS FOR
ALL DAMAGES, LOSSES, CLAIMS AND CAUSES OF ACTION ARISING OUT
OF OR RELATING TO THESE TERMS OR YOUR USE OF THE
MICROWORKERS SERVICE, INCLUDING WITHOUT LIMITATION YOUR
INTERACTIONS WITH OTHER USERS OF THE MICROWORKERS SERVICE
(WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY OR
OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO
MICROWORKERS DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING
THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO YOUR
CLAIM OR $100, WHICHEVER IS GREATER.
Termination and Changes to
the Microworkers Service
We may terminate your account
on the Microworkers Service, delete your account and any
Content you have Posted on or through the Microworkers
Service, and/or prohibit you from using or accessing the
Microworkers Service (or any portion thereof) for any or no
reason, at any time in our sole discretion, with or without
notice. Further, we reserve the right to change any aspect
or feature of the Microworkers Service at any time without
notice. The following sections will survive any termination
of your use of the Microworkers Service: Prohibited Conduct,
User Content, Your Privacy Practices, Ownership; Proprietary
Rights, Licenses, Submissions, User Disputes; Complaints,
Indemnity, General Disclaimers, Limitation on Liability,
Termination and Changes to the Microworkers Service,
Arbitration, Governing Law; Venue and Jurisdiction and
Other.
Arbitration
Except as set forth in the
paragraph below, you agree that all claims and disputes
between you and Microworkers that arise out of or relate in
any way to the Terms or your use of the Microworkers Service
will be resolved either by (a) binding arbitration by a
single arbitrator in Texas or (b) binding non-appearance
based arbitration conducted by telephone, online or based
solely on written submission. Such arbitration will be
administered by Judicial Arbitration and Mediation Services
("JAMS") (see www.jamsadr.com) pursuant to its Comprehensive
Arbitration Rules. The arbitrator's award will be binding
and may be entered as a judgment in any court of competent
jurisdiction.
With respect to any claims or disputes you intend to bring
on behalf of a class, you agree to arbitrate whether a class
could be certified before bringing such action in a court of
law. If the arbitrator refuses to certify the class, you
will continue to resolve your individual claims or disputes
through binding arbitration. If the arbitrator finds that a
class should be certified, you may file the class action in
a court of law provided you waive any right to a trial by
jury. Claims for injunctive or other equitable relief may
also be brought in a court of law.
Governing Law; Venue and
Jurisdiction
You agree that all claims and
disputes between you and Microworkers that arise out of or
relate in any way to the Terms or your use of the
Microworkers Service will be governed by the laws of the
State of Texas (and United States federal laws applicable
therein), without regard to principles of conflict of laws.
You further agree that you will bring any claims or disputes
that are not subject to arbitration (as set forth above) in,
and you submit to the exclusive jurisdiction of, the state
and federal courts located in Texas, USA.
Other
The "Microworkers Service"
means the features, services and properties that
Microworkers makes available through (a)
www.microworkers.com or any other Microworkers-branded or
co-branded website (including, without limitation, any and
all sub-domains and all international, mobile versions and
successors thereof), (b) the Microworkers Platform and (c)
other media, devices or networks now existing or later
developed. Unless otherwise specified, the terms "includes,"
"including," "e.g.," "for example," and other similar terms
used herein are deemed to include the term "without
limitation" immediately thereafter. Our failure to exercise
or enforce any right or provision of these Terms will not
constitute a waiver of such right or provision in that or
any other instance. If, for any reason, any provision of
these Terms or portion thereof is rendered invalid or
unenforceable, the remainder of these Terms will remain in
full force and effect and will be enforced to the maximum
extent permissible so as to effect the intent of the
parties. An arbitrator or court will substitute or rewrite
any invalid or unenforceable term or provision to make such
term or provision valid and enforceable. All communications
and notices to be made or given pursuant to these Terms will
be in the English language. You consent to receiving
communications and notices from Microworkers at the email
address you provide in registering for the Microworkers
Service or otherwise elect in your account settings. These
Terms constitute the entire agreement and supersede any
prior agreement between you and us regarding your use of the
Microworkers Service.
Questions
Please visit our
FAQ for more information.
