Last Update: June 2021
Welcome to Riseworks.io
The following terms of service (these "Terms of Service"), govern your access to and use of the Rise website, including any content, functionality and services offered on or through www.riseworks.io (the "Site") by Rise Works, Inc. (235 W 71st street, New York, NY, 10023) as applicable. Rise Works, Inc. and its subsidiaries are collectively referred hereto as "Rise" "we" or "us" and "you" or "user" means you as an user of the Site.
This Site is offered and available to users who are 13 years of age or older. If you are under 13 you may not use this Site or the Rise services. By using this Site, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.
Contacting our Customer Support team can be performed by submitting a request here.
The original language of these Terms of Service, as well as all other texts throughout the Site, is English.
We encourage our Customers and Freelancers to try and settle conflicts amongst themselves. If for any reason this fails, users can contact Rise's Customer Support department for assistance here.
Rise enables people around the world to create, share, sell and purchase digital marketing services they need. Services offered on Rise reflect the diversity of an expanding Talent economy. Members of the Rise community communicate and engage through projects and social media.
Rise maintains a friendly, community spirited, and professional environment. Users should keep to that spirit while participating in any activity or extensions of Rise. This section relates to the expected conduct users should adhere to while interacting with each other on Rise.
To report a violation of our Terms of Service and/or our Community Standards, User Misconduct, or inquiries regarding your account, please contact our Customer Support team here.
Users may receive a warning to their account for violations of our Terms of Service and/or our Community Standards or any user misconduct reported to our team. A warning will be sent to the user's email address and will be displayed for such users on the Site. Warnings do not limit account activity, but can lead to your account losing Freelancer statuses or becoming permanently disabled based on the severity of the violation.
Adult Services & Pornography - Rise does not allow any exchange of adult oriented or pornographic materials and services.
Inappropriate Behavior & Language - Communication on Rise should be friendly, constructive, and professional. Rise condemns bullying, harassment, and hate speech towards others. We allow users a medium for which messages are exchanged between individuals, a system to rate projects, and to engage on larger platforms such as our Social Media pages.
Phishing and Spam - Members' security is a top priority. Any attempts to publish or send malicious content with the intent to compromise another member's account or computer environment is strictly prohibited. Please respect our members' privacy by not contacting them with offers, questions, suggestions or anything which is not directly related to their Services or projects.
Privacy & Identity - You may not publish or post other people's private and confidential information. Any exchange of personal information required for the completion of a service must be provided in the Project Page. Freelancers further confirm that whatever information they receive from the Customer, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the Customer. Any users who engage and communicate off of Rise will not be protected by our Terms of Service.
Authentic Rise Profile - You may not create a false identity on Rise, misrepresent your identity, create a Rise profile for anyone other than yourself (a real person), or use or attempt to use another user's account or information; Your profile information, including your description, skills, location, etc., while may be kept anonymous, must be accurate and complete and may not be misleading, illegal, offensive or otherwise harmful. Rise reserves the right to require users to go through a verification process in order to use the Site (whether by using ID, phone, camera, etc.).
Intellectual Property Claims - Rise will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party's terms of service.
Fraud / Unlawful Use - You may not use Rise for any unlawful purposes or to conduct illegal activities.
Multiple Accounts - To prevent fraud and abuse, users are limited to one active Rise account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the Rise community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations of Rise's Terms of Service and/or our Community Standards is a cause for permanent suspension of all accounts.
Targeted Abuse - We do not tolerate users who engage in targeted abuse or harassment towards other users on Rise. This includes creating new multiple accounts to harass members through our message or ordering system.
Selling Accounts - You may not buy or sell Rise accounts.
To the extent that you provide Rise with any comments, suggestions or other feedback regarding the Rise platform or the Site as a whole, as well as other Rise products or services (collective, the "Feedback"), you will be deemed to have granted Rise an exclusive, royalty-free, fully paid up, perpetual, irrevocable, worldwide ownership rights in the Feedback. Rise is under no obligation to implement any Feedback it may receive from users.
Freelancers should recognize that there might be a need for Customers to disclose certain confidential information to be used by Freelancers for the purpose of delivering the ordered work, and to protect such confidential information from unauthorized use and disclosure. Therefore, Freelancers agree to treat any information received from Customers as highly sensitive, top secret and classified material. Without derogating from the generality of the above, Freelancers specifically agree to (i) maintain all such information in strict confidence; (ii) not disclose the information to any third parties; (iii) not use the information for any purpose except for delivering the ordered work; and (vi) not to copy or reproduce any of the information without the Customer's permission.
User Generated Content ("UGC") refers to the content added by users as opposed to content created by the Site. All content uploaded to Rise by our users (Customers and Freelancers) is User Generated Content. Rise does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations and the user uploading/creating such content shall be solely responsible for it and the consequences of using, disclosing, storing, or transmitting it. By uploading to, or creating content on, the Rise platform, you represent and warrant that you own or have obtained all rights, licenses, consents, permissions, power and/or authority, necessary to use and/or upload such content and that such content or the use thereof in the Site does not and shall not (a) infringe or violate any intellectual property, proprietary or privacy, data protection or publicity rights of any third party; (b) violate any applicable local, state, federal and international laws, regulations and conventions; and/or (c) violate any of your or third party's policies and/or terms of service. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled.
Furthermore, Rise is not responsible for the content, quality or the level of service provided by the Freelancers. We provide no warranty with respect to the Services, their delivery, any communications between Customers and Freelancers. We encourage users to take advantage of our rating system, our community and common sense in choosing appropriate services.
By offering a service, the Freelancer undertakes that he/she has sufficient permissions, rights and/or licenses to provide, sell or resell the service that is offered on Rise.
Ownership and limitations: When purchasing a Service on Rise, unless clearly stated otherwise on the Freelancer's Public Profile page/description, when the work is delivered, and subject to payment, the Customer is granted all intellectual property rights, including but not limited to, copyright in the work delivered from the Freelancer, and the Freelancer waives any and all moral rights therein. Accordingly, the Freelancer expressly assigns to the Customer the copyright in the delivered work. All transfer and assignment of intellectual property to the Customer shall be subject to full payment for the Service, and the delivery may not be used if payment is cancelled for any reason. For removal of doubt, in custom created work, the delivered work and its copyright shall be the exclusive property of the Customer and, upon delivery, the Freelancer agrees that it thereby, pursuant to these Terms of Service, assigns all right, title and interest in and to the delivered work to the Customer.
Furthermore, users (both Customers and Freelancers) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to Rise, including Service texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by Rise for no consideration for marketing and/or other purposes.
YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER RISE NOR ANY PERSON ASSOCIATED WITH RISE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN NO EVENT WILL RISE, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
The term "Affiliate" referred to herein, is an entity that, directly or indirectly, controls, or is under the control of, or is under common control with Rise, where control means having more than fifty percent (50%) voting stock or other ownership interest or the majority of voting rights of such entity.