4. USING THE LFCARRY SERVICES
To access or use the LFcarry Services and to create an Account, you must be, and hereby represent that you are, an individual 13 years or older who can form legally binding contracts. If you are between ages of 13 and the age of majority where you live, you must review these Terms of Service with your parent or guardian to confirm that you and your parent or guardian understand and agree to it. You may not access or use the LFcarry Services if you are a competitor of LFcarry or if we have previously banned you from the LFcarry Services or closed your Account.B. Site Availability.
The LFcarry Services may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.C. User Accounts
You must create an Account and provide certain information about yourself in order to use the LFcarry Services. If you are a Service Provider, you represent and warrant that you use your Account to market your business to others for the purpose of entering into independent contractor relationships with other Users of the LFcarry Services. You agree to provide true, accurate, and complete information on your Account and all registration and other forms you access through the LFcarry Services or provide to us and to update your information to maintain its truthfulness, accuracy, and completeness. You may not impersonate any other person or use a name that is not your own.
You may only have one LFcarry account for use of the LFcarry Services. You may not create or use more than one account, and you may not share your account or any of the LFcarry Services with others.
We reserve the right, in our sole discretion, to refuse, suspend, or revoke your access to the LFcarry Services if we learn that any information you provided on any form or posted through the LFcarry Services is not true, accurate, or complete, or such information or other conduct otherwise violates the LFcarry Terms of Service, or for any other reason or no reason in our sole discretion. When you create an Account and from time to time thereafter, your Account will be subject to verification of your identity and any information that you had provided to us; and you authorize LFcarry, directly or through third parties, to make any inquiries necessary to validate the foregoing, subject to applicable law.
Each User is responsible for maintaining the confidentiality of such User's Account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your Account. You agree not to use the account, username, or password of another user of LFcarry Services, nor to disclose your password to any third party.
The LFcarry Services is available through Facebook, Twitter, and Google services, which requires an active account with the applicable service, and you hereby represent and warrant that you have read and agreed to be bound by all applicable policies governing the use of such service and will act in accordance with those policies, in addition to your obligations under these Terms of Service. If you sign into LFcarry Services through Facebook, Twitter, or Google service, you will provide your account credentials with such service to LFcarry, and you are consenting to have the information in that account transmitted into your LFcarry account, and you agree that you shall only use the accounts owned by you, and not by any other person or entity.D. Relationship between Service Provider and Client a. Contract.
Service Provider and Client enter into a Contract to perform specific Services when
Client accepts Service Provider's offer through the LFcarry Services. You acknowledge and agree that LFcarry is not a party to any Contract, and that the formation of a Contract between Users will not, under any circumstance, create an employment or other service relationship between LFcarry and any User.b. Provision of Services.
Service Provider will perform the Services in a timely, professional and workmanlike manner. The manner and means of performing the Services will be determined and controlled solely by Service Provider, which is engaged by Client as an independent contractor. To the extent that Service Provider uses other parties (individuals or entities) ("Assistants") to perform the Services, Service Provider agrees and acknowledges that:
c. Termination of Contracts.
- Assistants are not employees, independent contractors, or agents of LFcarry or Client;
- Service Provider is solely responsible for all payments, obligations, wages, costs, unemployment insurance, workers' compensation insurance, contributions, and expenses of Assistants;
- Neither LFcarry nor Client has the right or power to supervise or control Assistants;
- No Assistant will have any claim under the Terms of Service for overtime pay, sick leave, holiday or vacation pay, retirement benefits, worker's compensation benefits, unemployment benefits, contributions, or any other employee benefits of any kind from LFcarry or Client;
- In case Assistant is involved in the provision of Service, he bears the same responsibility and must stick to the same restrictions as the Service Provider.
Once a Client's Payment Method has been charged to fund the Holding Account for the Contract, absent a full refund to Client by Service Provider, the Contract does not terminate until the Services are completed. However, either Client or Service Provider has the right to terminate a Contract at any time with the consent of the other party or in the event of a material breach by the other party.E. Payment Termsa. Client/Service Provider Accounts.
b. Funding Client Holding Account.
- After Client has made a purchase and transferred money to the LFcarry's account, LFcarry will establish and maintain a "Client Account" to hold funds for the Client to use to make payments pursuant to Contracts, and pay service fees to LFcarry.
- After Service Provider registers an Account and provides Payment Method, LFcarry will establish and maintain a "Service Provider Account" for the Service Provider to receive payments under Contracts, withdraw payments, and to pay any ancillary service fees and pay service fees to LFcarry.
When Client and Service Provider enter into a Contract, Client authorizes LFcarry to charge Client's Payment Method in the amount agreed between Client and Service Provider pursuant to a particular Contract (the "Contract Fees"). Both Client and Service Provider authorize LFcarry to establish and maintain a Holding Account to receive, hold, and release Contract Fees (the "Holding Account"). Each of Service Provider and Client agrees that it is not entitled to nor will receive interest or other earnings on the funds held in the Holding Account prior to disbursement to Service Provider.c. Release.
Client and Service Provider irrevocably authorize and instruct LFcarry to release applicable portions of the Holding Account (each portion, a "Release") to the Service Provider Holding Account or Client Holding Account, as applicable upon the occurrence of and in accordance with one or more Release Conditions provided below or as otherwise permitted by applicable law and by LFcarry's internal procedures.
- Client and Service Provider irrevocably authorize LFcarry to release applicable portions of Contract Fees (each portion, a "Release") to the Service Provider Holding Account or Client Holding Account, as applicable, via the LFcarry Services, upon the occurrence of and in accordance with one or more Release Conditions provided below.
- Client and Service Provider are encouraged to come to a mutual agreement if refunds or cancellations are necessary. If Service Provider wants to terminate a Contract, Service Provider must instruct LFcarry to close the Contract. When Service Provider instructs LFcarry to terminate the Contract, Service Provider and Client agree that LFcarry is authorized and irrevocably instructed to immediately release to Client all funds held by LFcarry associated with the Contract. If Client wants to terminate a Contract, Client must instruct LFcarry to close the Contract. Service Provider must either approve or dispute the Client's cancellation within 5 days. If Service Provider approves the termination, Service Provider and Client agree that LFcarry is authorized and irrevocably instructed to immediately release to Client funds held by LFcarry associated with the Contract. If Service Provider takes no action within 5 days from the date Service Provider was notified of the cancellation, Service Provider and Client agree that LFcarry is authorized and irrevocably instructed to immediately release to Client funds held by LFcarry associated with the Contract. If Service Provider disputes the cancellation, the Dispute will be resolved pursuant to Section E(c)(iv). The share of funds to be returned to the Client is determined as follows:
- 100% is returned in case the provision of Services has not started and the Service Provider was not assigned to the order;
- 90% in case the provision of Services has not started or progress in immaterial and the Service provider was assigned to the order;
- Share of the refund amount is calculated on the pro rata basis in case the material volume of Services was provided by the Service provider.
The Client is entitled to pay any service provided by LFcarry in GGR, but no more than 50% of the service price except the following cases:
- The Client uses GGR obtained from a GGR Pack;
- The Client uses GGR obtained from an order refund;
Notwithstanding the above, in exceptional cases, the Client is charged with USD 1 to create an order link.
3. As used herein, "Release Condition" means any of the following:
- Client directs LFcarry to release funds to Service Provider.
- Client and Service Provider have submitted joint written instructions for a Release.
- Client and Service Provider agree to terminate the Contract.
- Client or Service Provider has failed timely to respond to the LFcarry Dispute resolution notification pursuant to Section E(c)(iv).
- Submittal of the final binding decision of LFcarry pursuant to Section E(c)(iv).
4. Dispute Resolution Program. If Client and Service Provider fail to come to a mutual resolution by way of the Refund and Cancellation process as stated in Section E(c)(ii), LFcarry will review the Dispute and propose a binding resolution.
d. LFcarry's Right to Suspend Disbursements.
- Either Client or Service Provider may institute a request for Dispute resolution through the LFcarry Services. Any such request must be made not later than 30 days after the last provision of Services under a Contract. "Dispute" means a dispute between a Client and Service Provider concerning a Contract.
- LFcarry will notify Client and Service Provider by providing a notice of Dispute along with a request for information and supporting documentation (if any).
- If either Client and Service Provider respond to the notice of Dispute and request for information, then LFcarry will review the documentation submitted and any information available through the LFcarry that pertains to the Dispute. After review, LFcarry will propose a binding resolution based on the results of the review. You agree that LFcarry is authorized to decide the Dispute within its discretion. You agree that LFcarry' decision is final, that it may be entered in and enforced by any court of competent jurisdiction, you agree that LFcarry is authorized and irrevocably instructed to immediately release any funds held by LFcarry in accordance with its decision.
Notwithstanding any other provision of the Terms of Service, and except as prohibited by applicable law, if we determine in our sole discretion that you have violated the Terms of Service, or if we required additional information, or suspect fraud, we may hold the disbursement of Contract Fees.e. Non-payment by Client.
If Client fails to pay the Contract Fees, whether by canceling Client's credit or debit card, initiating an improper chargeback, or any other means, we may suspend or close Client's Account and revoke Client's access to the LFcarry Services, and to seek all available remedies under the law. If LFcarry is required to pursue legal action against a User, LFcarry shall also be entitled to reimbursement of attorneys' fees and other costs of collection to the extent permitted by applicable law.f. Taxes.
Service Provider will be solely responsible for determining whether: (a) Service Provider or LFcarry is required by applicable law to remit to the appropriate authorities any value added tax or any other taxes or similar charges applicable to the Contract and remitting any such taxes or charges to the appropriate authorities on behalf of itself or LFcarry, as appropriate; and (b) LFcarry is required by applicable law to withhold any amount of the Payment and for notifying LFcarry of any such requirement and indemnifying LFcarry for any requirement to pay any withholding amount to the appropriate authorities (including penalties and interest). To the extent required by applicable law, LFcarry will provide required tax forms to Clients and Providers, as applicable.g. Service Fees.
The fees to use the LFcarry Services are paid solely by the Clients. When a Client pays a Service Provider, or when funds related to a Contract are otherwise released to a Service Provider, LFcarry will automatically deduct the LFcarry service fee from Contract Fees (the "Service Fee"). h. Payment Methods.
i. Purchase by installments.
- For purposes of this Agreement, Payment Method means a valid credit card issued by a bank acceptable to LFcarry, a bank account linked to your Account, a PayPal account, a debit card, or such other method of payment as LFcarry may accept from time to time in our sole discretion.
- User hereby authorizes LFcarry to run credit card authorizations on all credit cards provided by User, to store credit card and banking or other financial details as User's Payment Method, and to charge User's credit card (or any other Payment Method).
- When Client authorizes the payment of Contract Fee, Client automatically and irrevocably authorizes and instructs LFcarry to charge Client's Payment Method for the Contract Fees.
- By providing Payment Method information through the LFcarry Services, Client represents, warrants, and covenants that: (a) Client is legally authorized to provide such information; (b) Client is legally authorized to perform payments using the Payment Method(s); and (c) such action does not violate the terms and conditions applicable to Client's use of such Payment Method(s) or applicable law. When Client authorizes a payment using a Payment Method via the LFcarry Services, Client represents, warrants, and covenants that there are sufficient funds or credit available to complete the payment using the designated Payment Method. To the extent that any amounts owed under this Agreement or the other Terms of Service cannot be collected from Client's Payment Method(s), Client is solely responsible for paying such amounts by other means.
The Client may purchase Legionfarm services by installments and pay according to the payment plan terms offered by Legionfarm. The possible number of open (not fully repaid) payment plans per each Client is limited. The client must not have more than 2 open installment plans. In case the Client has already had more than or equal to 2 open payment plans and has not had defaulted installments before, Legionfarm will not process the order, but will refund down payment of new installment plan. However, if the Client has already defaulted before, the down payment will be used to cover his/or her defaulted installment plans balance.F. Responsibility for Your Content
You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by the LFcarry.
You agree not to transmit Your Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, obscene, pornographic, patently offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (viii) contains any information or content that you know is not correct and current; (xix) involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, or "spamming"; (ix) contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page) or solicits or designed to solicit passwords or personal identifying information for commercial or unlawful purposes from other users; or (x) includes a photograph or video of another person that you have posted without that person's consent.
You agree that Your Content does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. We reserve the right, but are not obligated, to reject and/or remove any of Your Content that we believe, in our sole discretion, violates these provisions. For the purposes of these Terms of Service, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
You agree that you will not use your access to the LFcarry Services for any unfair advantage or cheating in any games you play with third parties. You agree that the LFcarry Services are intended solely to improve your skills as a player.
You further agree that you will not use the LFcarry Services to collect Content from anyone, whether for commercial use or any other kind of use, without first obtaining their consent and first making it clear that you (and not us) are the one collecting their Content.
We take no responsibility and assume no liability for any of Your Content that you or any other User or third-party posts or sends over the LFcarry Services. You shall be solely responsible for Your Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of Your Content. You understand and agree that you may be exposed to Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that we shall not be liable for any damages you incur or allege to incur as a result of any Content posted on the LFcarry Services.G. Our Right to Use Your Content
We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms ("Other Media"). As such, you hereby irrevocably grant us world-wide, non-exclusive, royalty-free, sublicensable, transferable rights to use Your Content for any purpose. You also irrevocably grant the users of the LFcarry Services and any Other Media the right to access Your Content in connection with their use of the LFcarry Services and any Other Media. You agree that Your Content will be treated as non-confidential and non-proprietary and will not be returned. You further agree and acknowledge that your relationship with LFcarry is not a confidential, fiduciary, or other type of special relationship and that none of Your Content will be subject to any obligation of confidence on the part of LFcarry. Finally, you irrevocably waive, and cause to be waived, against us and our Users any claims and assertions of moral rights or attribution with respect to Your Content. By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of Your Content.H. Restrictions
We are under no obligation to enforce the Terms of Service on your behalf against another User. While we encourage you to let us know if you believe another User has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.
You agree not to, and will not assist, encourage, or enable others to use the LFcarry Services to:
* Violate any third party's rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
* Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
* Use the LFcarry Services for commercial purposes, except as expressly permitted by these Terms of Service;
* Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the LFcarry Services' search results or any third-party website;
* Solicit personal information from minors, or submit or transmit pornography; or
* Violate any applicable law.
You also agree not to, and will not assist, encourage, or enable others to:
* Violate the Terms of Service;
* Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the LFcarry Services or any Content posted on the LFcarry Services (other than Your Content), except as expressly authorized by us;
* Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the LFcarry Services or any Content posted on the LFcarry Services;
* Reverse engineer any portion of the LFcarry Services;
* Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the LFcarry Services or on any materials printed or copied from the LFcarry Services;
* Record, process, or mine information about other users;
* Access, retrieve or index any portion of the LFcarry Services for purposes of constructing or populating a searchable database of Business reviews;
* Reformat or frame any portion of the LFcarry Services;
* Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our technology infrastructure or otherwise make excessive traffic demands of the LFcarry Services;
* Attempt to gain unauthorized access to the LFcarry Services, user accounts, computer systems or networks connected to the LFcarry Services through hacking, password mining or any other means;
* Use the LFcarry Services or any Content posted on the LFcarry Services to transmit any computer viruses, worms, defects, trojan horses or other items of a destructive nature (collectively, "Viruses");
* Use any device, software or routine that interferes with the proper working of the LFcarry Services, or otherwise attempt to interfere with the proper working of the LFcarry Services;
* Use the LFcarry Services to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the LFcarry Services or Content posted on the LFcarry Services;
* Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the LFcarry Services, features that prevent or restrict the use or copying of Content posted on the LFcarry Services, or features that enforce limitations on the use of the LFcarry Services; or