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Fospace Terms of Use

Fospace Terms of Use published and effective: since April 19th, 2021

Fospace Terms of Use (hereinafter referred to as the “Terms of Use”) establish legal conditions of relations between the Fospace online platform (hereinafter referred to as the “Platform”) and the Users of the Fospace online platform.

References to the words “we”, “our” or “us” (or similar words within the meaning) mean the Fospace Platform.

References to the words “you”, “you” or “your” (or similar words within the meaning) mean our Contractor or Customer, depending on the context of the Terms of Use.

The Platform provides the User with the Fospace Service on the terms set forth hereunder.

The use of the Fospace Service is governed by the Terms of Use and Privacy Policy.

The Platform provides an opportunity for individuals to place examples of their works to receive new orders from other Users of the Platform. For example, a photographer may place examples of his photos, a videographer - videos as well.

The Services of the Platform can be used by persons of the following professions: Photograph, Videographer, Retoucher, Sound Engineer, Animator, Colorist,Visagiste, etc.

The Platform's Services can be used by Users to search for a specialist of the appropriate profile and qualifications.

Each User has a Rating. The Rating is based on the number of positive reviews about the User.

The User has the right to have Subscribers. Subscribers are notified of changes to the User's Portfolio using the News feed.

The Platform provides an opportunity to receive Feedback on examples of their work, services, actions, or leave Feedback.

The User of the Platform does not grant material and intellectual rights to use examples of his works to the Owner of the Platform or its employees in other ways than for ensuring the proper demonstration of such examples of his works on the Platform.

The acceptance of the Terms of Use is considered collected in case the registration on the Platform website occurred.

1. Definitions and Terms

1.1.Account. - means an account that stores a collection of data about the User in a computer system.

1.2.Avatar. - means a graphic or photographic image of the Platform User.

1.3.Chat. - means a network tool for fast exchange of text messages between Platform Users in real time.

1.4.Content. - means design elements, text, graphics, illustrations and other objects, as well as components and their elements.

1.5.Contractor. - means an individual who becomes registered on the Platform as well as a User of Fospace services and has the right to post examples of his work on the Platform's website.

1.6.Controller. - means any natural or legal person, government body, institution or other body that independently determines the purposes and means of processing Personal Information.

1.7.Customer. - means an individual who registers on the Platform  as well as a User of Fospace services and has the right to create Projects on the Platform's website.

1.8.Cookies. - means small text files that store information about your previous activities on the Platform.  For example: the date and time of the website visits, clicks and transitions, your preferences.

1.9.Feedback. - means your personal opinion about examples of works, services, solvency of another User

1.10.Fospace Platform -. means a website for interaction between the Customers and the Contractors.  For example: The Contractor may post examples of his work, and the Customer may create Projects.

1.11.GDPR (General Data Protection Regulation or General Data Protection Regulation). - means a regulation within the framework of European Union legislation on the protection of personal data of all natural persons who are citizens of the European Union.

1.12.Owner of the Fospace Platform or Owner. - means Fospace INC., a legal entity registered in accordance with the legislation of state Delaware, USA, location: 2093 Philadelphia Pike, Claymont 19703-2424 936 (61-1932377), represented by director Anatoly Zabolotnov, who acts on the basis of Articles of Association(hereinafter referred to as the “Owner”).

1.13.News feed. - means the data format used to deliver frequently updated information to the Users on the Platform website.

1.14.Personal Account. - means a protected part of the Platform, created during User Registration.

1.15.Personal Information. - means any information that directly or indirectly allows us to identify the User.  For example: your name, surname, phone number.

1.16.Platform site - means a web page or a group of web pages on the Internet through which the User receives the Services and uses the Services of the Fospace Platform, which are posted on the Internet at the following address: https://fospace.co.

1.17.Portfolio. - means a collection of completed works and developments of the Contractor.

1.18.Processor. - means a natural or legal person, government body, institution or other body that processes Personal Information on behalf of the Controller.

1.19.Project. - means a set of actions of the Customer on the Platform's website aimed at creating a unique product or service.

1.20.Rating. - means an indicator of success or popularity, which reflects the integrity of the user of the Platform

1.21.Registration -. means the sequence of actions performed by the User specified in section 4 of the Terms of Use.

1.22.Services. - means tools and materials developed and provided by Fospace for posting examples of work by the Contractor and / or creating Projects by the Customer.  For example: The Contractor might place examples of his photos on the Platform's website and / or the Customer might create a Project, the purpose of which is to obtain photos.

1.23.Social network -. means an online Platform that is used by the User to register on the Platform's website.

1.24.Subscriber. - means the User who subscribed to the notification about the actions of another User on the Platform website.

1.25.Terms of Use. - means a document that provides terms, rules and basic provisions for using the Platform.

1.26.Third party. - means a natural or legal person, public authority, institution or body other than the data subject, Controller, processor and persons who are authorized by the Controller or processor under their direct supervision to process Personal Information.

1.27.User. - means the common name of the Contractors and Customers of the Platform.

1.28.User consent. - means a voluntary, specific, informed and unambiguous expression of will, in which the User, by means of a statement or a clear affirmative action, consents to the processing of his Personal Information.

2. The Services

2.1.Fospace grants the Contractor the access and ability to:

2.1.1.create Portfolio and post examples of his work;

2.1.2.interact with the Customer due to Services provision;

2.2.Fospace grants the Customer the access and ability to:

2.2.1.create his Projects and set his tasks;

2.2.2.create a unique product or receive services from Contractor;

2.3.Fospace provides Users with Services:

2.3.1.of maintaining the negotiations and communication during the usage of the Platform Chat;

2.3.2.the ability to set of Avatar and upload a photo or graphic images;

2.3.3.the ability for receiving delivery of frequently updated information on the Platform's website using a News feed;

2.3.4.to subscribe to notifications about another User;

2.3.5.to receive Feedback from Other Users or leave feedback about other Users

2.4.The User has the access to the following services and activities:

2.4.1.Registration of an Account in the selected Service with the ability to create a Portfolio or a Project;

2.4.2.The right for technical support (the Owner's technical support service usually provides a response to the User's request within 30 (thirty) business days from the receipt of such a request);

2.4.3.The right to choose the type of Account (closed/public);

2.4.4.The right to be forgotten, transfer, rectification, deletion of Personal Information.

3. User confirmation

3.1.The User confirms that he has reached the age of sixteen (16+) and shall not use the Platform Services for illegal purposes.

4. Registration / Login

4.1.The User registers on the Platform website using the Registration form or via Google, Facebook account.

4.2.During registration, the User shall fill in the required fields with Personal Information and specify a password that will subsequently be used to access the Account. The User is prohibited from transferring his username and password to third parties, in addition, he is fully responsible for the safety of his personal username and password.

4.3.Personal Information is subject to the Terms of Use and Privacy Policy of the Fospace Platform and can be used by the Platform employee to contact the User.

4.4.Users who have provided invalid contact information will be deprived of the right to use the Services of the Platform.

4.5.Simultaneous Registration by the User on the Platform website as the Customer and the Contractor is prohibited.

4.6.The User is authorized on the Platform's website using a login and password, or using Google, Facebook services.

5. Access retrieval

5.1.The User has the right to restore access to his Account by writing a request to the support service e-mail: support@fospace.co.

5.2.The restoration request shall contain the confirmation of the User’s rights in the restored Account , th For example: provide a scanned copy of your passport.

6. Deactivation

6.1.The User deletes his Account solely on his own, using the appropriate section of the Personal Account.

6.2.The User deletes his Avatar solely on his own, using the appropriate section of the Personal Account.

6.3.The Customer deletes his Projects solely on his own, using the appropriate section of the Personal Account.

6.4.The Contractor deletes his Portfolio or examples of work exclusively on his own, using the appropriate section of the Personal Account.

7. User Account

7.1.After completing the registration procedure, an Account is automatically created for the User.

7.2.The User manages his Account solely independently, using the appropriate section of the Personal Account.

7.3.The User has the right to delete his Account at any time using the appropriate section of his Personal Account.

8. Platform Owner Rights

8.1.Receive reliable Personal Information from the User.

8.2.Transfer Personal Information to third parties in accordance with the terms of the Terms of Use and Privacy Policy.

8.3.Use cookies during the provision of  our Services.

8.4.Process, storage and transfer the User's Personal Information in accordance with the Terms of Use and the Privacy Policy.

8.5.Interact with other services.

8.6.Grant the right of limited access to the Personal Information of Users to its employees, Controller, Processor and support staff in accordance with the Privacy Policy.

8.7.Disclose Personal Information to third parties, partners, courts, law enforcement authorities and government agencies, in cases provided for by the Privacy Policy.

8.8.Block the User's Account for violations of the Terms of Use of the Platform Service.  For example, for taking actions aimed at posting illegal Content that violates the rights of third parties or offends their feelings, race, gender, political or social views.

8.9.Unilaterally refuse to interact with the User.

8.10.Update the Fospace interface and functionality.

8.11.To unilaterally amend the Terms of Use and Privacy Policy.

8.12.Provide the User with access to the Service after registering in accordance with the Terms of Use.

8.13.Provide the User with free access to the Platform Service.

8.14.Provide permanent access to the Service with the username and password selected by the User.

9. User rights

9.1.The Contractor has the right to add or remove an example of work in his Portfolio.

9.2.The Contractor has the right to provide services for the Customer.

9.3.The Customer has the right to create a Project on the Platform Service.

9.4.The Customer has the right to receive the services from the Contractor.

9.5.The User has the right to use the Platform Chat for dialogue and negotiation regarding the terms of a Project.

9.6.The User has the right to create his own Avatar.

9.7.The User has the right to delete his Account.

9.8.The User has the right to use the Services of the Platform.

9.9.The User has the right to edit his Personal Information, which is posted on the Platform Service.

9.10.To leave reviews about other users.

9.11.Have your own Subscribers or subscribe to notifications about another User.

10. Obligations of the Owner of the Fospace Platform

10.1.Provide the User with access to the Platform Service.

10.2.Provide the Contractor with the opportunity to post his work and provide his Services to the Customer.

10.3.Provide the Customer with the opportunity to create Projects and receive services from the Contractor.

11. User shall

11.1.ensure the confidentiality of your username and password for accessing the Service Account, do not allow third parties to use his Account.

11.2.provide the Platform with reliable Personal Information.

11.3.be responsible for the accuracy of Personal Information that he upload to his Personal Account.

11.4.not use the Platform for spamming.

11.5.not violate the intellectual rights of third parties.

11.6.not post Content that violates the rights of third parties. For example: Post photos that contain illegal Content.

11.7.refrain from rude and obscene language when communicating with the employees of the Platform.

11.8.refrain from harsh and obscene language when communicating with each other.

11.9.leave truthful feedback about other Users.

11.10.while leaving  a Feedback, run by the provisions of section 13 of these Terms of Use.

12. User shall not

12.1.post inaccurate information on the Platform website.

12.2.transfer access data to your Account to third parties, as well as register on behalf of another individual without his knowledge or consent.

12.3.post on the Platform Site Content that violates the intellectual rights of third parties.  For example: Post on the Platform's website photos that do not belong to the Contractor.

12.4.post illegal Content on the Platform Site.  For example: Post pornographic photographs on the Platform Site.

12.5.post any information and / or that violates human rights and freedoms.

12.6.while leaving  a Feedback about another User, use obscene language.

13.Contractor prohibited actions

13.1.The Contractor is prohibited the Content from posting that:

13.1.1.violates human rights or freedoms;

13.1.2.violates the laws of his country;

13.1.3.violates the intellectual rights of third parties;

13.1.4.openly pornographic

13.1.5.inciting ethnic strife.

13.2.Use obscene language when communicating with other Users and / or employees of the Platform.

13.3.Post false information about other Users in the Platform Chat.

13.4.Use obscene language when communicating with Users in the Platform Chat.

13.5.Post deliberately false information.

14. Customer prohibited actions

14.1.Create Projects for the following purposes:

  • distribution of pornography;
  • violates the laws of his country;
  • distribution of malware and viruses;
  • working from home, making money online, as well as various ways to attract potential customers such as "get rich quick", "build your wealth", "financial independence" and the like;
  • financial pyramids or network marketing (MLM companies);
  • affiliate marketing;
  • adult products or links to them;
  • illegal goods, pirated software or media.

14.2.Use obscene language when communicating with Users in the Platform Chat.

14.3.Use obscene language when communicating with other Users and / or employees of the Platform.

14.4.Post false information about other Users in the Platform Chat.

14.5.Post deliberately false information.

15. Intellectual Property Statement

15.1.All exclusive intellectual property rights for the software of the Fospace Platform, including design elements, text, graphics, illustrations and other objects, as well as components and their elements, belong exclusively to the Owner.

15.2.The User acknowledges and agrees that the Owner owns all intellectual property rights in relation to the Services, software and Platform Documentation.

15.3.The Owner grants the User a non-exclusive right to use the Platform Services.

15.4.The User is responsible for the legality, reliability, integrity, accuracy and quality of Personal Information and Content that he provides to the Platform.

15.5.The User grants the Platform a non-exclusive right to use, copy, process and transfer his Personal Information during the period of using the Services of the Platform.

15.6.The User guarantees that the Content posted by him on the Platform Service does not violate the intellectual property right of a Third party.

15.7.If the Content provided by the User on the Platform Service violates the intellectual property rights of a Third party, the Owner reserves the right to stop providing Services to the User, block his Account and abandon the relationship between them.

16. Third Party Services

16.1.All traffic and all Personal Information is encrypted and transmitted using the DigitalOcean service.

16.2.You might familiarize yourself with the DigitalOcean Service by clicking on the link.

17. Notice of Updates to the Terms of Use and Privacy Policy

17.1.The Fospace Platform notifies Users of the updated Terms of Use and Privacy Policy via e-mail and messages or a pop-up window that is posted on the main page of the Platform website.

18.Communication between the User and Fospace

18.1.Communication between the Fospace Platform and the User is carried out using:

  • via Facebook social network;
  • Support services at: support@fospace.co;
  • Postal address: PO 9773 2093 PHILADELPHIA PIKE #2788 CLAYMONT, DE 19703.

19. Disclaimers

19.1.The Owner is not responsible for the actions of the User that were committed by him as a result of a misunderstanding of the Terms of Use and the Privacy Policy.

19.2.We are not liable for any consequential, actual or consequential damages, even if we have been advised of the possibility of such damages or they have arisen due to negligence.

19.3.The material liability of the Owner for any claims related to the use of the Platform cannot exceed the total amount of the monthly payment for the use of the Platform.

19.4.To the extent permitted by law, we provide the Content and service “as is”.  This means that we do not provide any guarantees, including but not limited to guarantees of commercial quality and suitability of the Platform Service for specific purposes.

19.5.We use cookies to improve the quality of our service.  If you continue to use the Platform, we have the right to assume that you agree to the use of cookies.

19.6.The Platform notifies the User that his Personal Information can be used by us for the purpose of providing the Services, and, in case of disagreement, the User must leave the Platform's website.

19.7.We have the right to collect Users' Personal Information in order to obtain statistical information.

19.8.We are not responsible for the Content posted by the User.

19.9.We are not responsible for the violation of the intellectual rights of third parties, in the event that the User posts Content that violates the intellectual rights of third parties.

19.10.We are not responsible if the Content is posted on the Platform Site by the Contractor, provided for in clause 13.1.  of these Terms of Use.

19.11.We are not liable if Projects are created on the Platform Site by the Customer for the purposes provided for in clause 14.1.  of these Terms of Use.

19.12.We are not responsible for the quality of the Services provided and / or the performance of the work by the Contractor to the Customer.

19.13.We are not responsible for the accuracy of the information provided by the Contractor to the Customer.

19.14.We are not responsible if the Contractor provides the Customer with Content that violates the rights of third parties.

19.15.We are not responsible for the accuracy of the information provided by the Customer to the Contractor.

19.16.We are not responsible for the payment by the Customer for the services and / or work provided by the Contractor.

19.17.We are not responsible for the safety of Personal Information if the User deletes his Account.

20. Applicable law

20.1.The relationship between the Platform and the User is governed by the laws of the USA, the European Union and international law.

20.2.All disputes arising from these Terms of Use or arising in connection with the relationship of the Parties will be considered in the courts of the USA, the European Union and governed by international law.

21. Terms of Use and Terms of cancellation

21.1.These Terms of Use are valid until the termination of the relationship of one of the Parties.

21.2.The Owner has the right to refuse the relationship with the User unilaterally and block his Account, in case the User does not comply with the terms of the Terms of Use:

  • Non-fulfillment by the User of his obligations provided for in section 11 of these Terms of Use;
  • Violation of the terms of section 12 of these Terms of Use by the User;
  • Violation by the User of the terms of section 15 of these Terms of Use;
  • Violation of the terms of section 13 of these Terms of Use by the Contractor;
  • Violation by the Customer of the terms of section 14 of these Terms of Use;
  • Violation and / or non-compliance with the terms of the Terms of Use and / or the Privacy Policy.

21.3.The user has the right to refuse the Platform Services unilaterally.

22. Contacts

22.1.If you would like to ask questions, provide feedback, update Personal Information stored on the Fospace Platform, or are concerned about privacy issues, please contact support at: support@fospace.co.

22.2.You might also contact us at the following post address: PO 9773 2093 PHILADELPHIA PIKE #2788 CLAYMONT, DE 19703.