PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE MOBILE, TABLET OR OTHER SMART DEVICE APPLICATIONS AND APPLICATION PROGRAM INTERFACES (COLLECTIVELY “APPLICATION”) OR SERVICES YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND TO RECEIVE THE SERVICES AND USE OUR APP. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE APP OR SERVICES. If You accept or agree to these Terms on behalf of a company or other legal entity, You represent and warrant that You have the authority to bind that company or other legal entity to these Terms and, in such event, “You” and “Your” will refer and apply to that company or other legal entity. You and Metis Collective (“Metis Collective” and “We”, “Us”) may each be referred to as “Party” and together as “Parties”.
- Content. Our Service allows You to post, read, create, share, link, store, and otherwise make available certain information, text, graphics, videos, or other material (collectively, “Content”). You are solely responsible for Your conduct and any Content that You submit, post or share on or via the Application and/or the Service. We reserve the right to refuse access to the Service to anyone for any reason at any We may, but have no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that we determine in our sole discretion violates these Terms.
You are solely responsible for Your interaction with other users of the Service, whether online or offline. You agree that We are not responsible or liable for the conduct of any user. We reserve the right, but have no obligation, to monitor, edit, or become involved in disputes between You and other users.
You may not post, upload or display Content that:
- promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- advocates harassment or intimidation of another person;
- is offensive, inaccurate, abusive, obscene, profane, sexually oriented, threatening, intimidating, harassing, racially offensive, or illegal
- requests money from, or is intended to otherwise defraud, other users of the Application or Service;
- involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming” (or “spimming”, “phishing”, “trolling” or similar activities);
- promotes information that is false or misleading, or promotes illegal activities or conduct that is defamatory, libelous or otherwise objectionable;
- promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
- contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);
- contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- provides instructional information about illegal activities such as making or buying illegal weapons or drugs, violating someone’s privacy, or providing, disseminating or creating computer viruses;
- contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
- impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
- provides information or data You do not have a right to make available under law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information);
- disrupts the normal flow of dialogue, causes a screen to “scroll” faster than other users are able to type, or otherwise negatively affects other users’ ability to engage in real time exchanges;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users or disseminates another person’s personal information without his or her permission; and
- publicizes or promotes commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. We take no responsibility and assume no liability for Content You or any third-party posts on or through the Service. However, by posting Content using the Service You grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.
In addition, Content found on or through this Service are the property of Metis Collective or licensed to Metis Collective. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
- Data – User/Usage data is collected to develop and enhance the Application and the Service in an effort to create the best possible user experience.
- Accounts – When You create an account with Us, You represent that You are above the age of 18, and that the information You provide is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of Your account on the Service.
You are responsible for maintaining the confidentiality of Your account and password, including but not limited to the restriction of access to Your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under Your account and/or password, whether Your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of Your account. You may not use as a username any name that is offensive, vulgar or obscene.
By creating an account and submitting Your email address and/or phone number to the Application, You consent to (i) receive one or more notifications on the device You used to sign up, or receive automated texts at the phone number from which You texted or provided, or receive email messages to the email address entered at the time of signup; and (ii) subscribe to e-marketing or promotional materials and other information we may send. However, You may opt out of receiving any, or all emails from us by following the unsubscribe link or instructions provided in any email we send.
Your carrier’s messaging and data rates apply to Your entry or submission message, our confirmation and all subsequent correspondence. We will not be liable for any delays in the receipt of any messages as delivery is subject to effective transmission from Your network operator.
The Application may request and use the location of the device that is associated with Your account. Your location can and will be used to enhance the experience of the Application and provide information for analytical purposes. You are responsible for enabling location-based services and have the ability to turn the off at a time of Your choosing.
- Purchases/Transactions – If You wish to complete payment for any product or service made available through the Service (“Purchase”), You may be asked to supply certain information relevant to Your Purchase including, without limitation, Your credit card information, Your bank information, and Your shipping information.
- PCI-Compliance – Metis Collective uses a third-party payment gateway who is PCI-DSS compliant to process Your payments.
- Payments to Consultants – You may receive payments for projects scheduled through the Application. All payments processed through the Application will be subject to a transaction fee. This includes but is not limited to processing fees, transaction charges, and credit card fees. Any charges related to services planned and rendered through the Application must be discussed and agreed on by all parties in advance of using the services or working on the project.
If You are in the United States, at the conclusion of the project, You will receive an e-check from Metis Collective by email which reflects Your earnings, minus any transaction/processing charges. The e-check can be deposited through online banking, or You can print it and deposit the physical check in-person at a bank. The e-check is only available within the United States.
Outside of the United States, other payment processing systems may be used.
- Receiving the First Payment – The first time You receive an e-check, it will take 5 business days for the money to be transferred. Additionally, the system will ask You for Your bank institution, account number, and routing number. You will also be asked to log into Your account online for the connection to be authenticated. Then after 5 days the online deposit will appear in Your selected account. For all subsequent deposits, the funds will be available within two to three days from the time that You deposit Your e-check.
- Availability, Errors and Inaccuracies – We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service. We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
- Intellectual Property – The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Metis Collective and its licensors. The Application and the Service are protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Metis Collective.
- Links to Other Web Sites – Our Service may contain links to third party web sites or services that are not owned or controlled by Metis Collective. Metis Collective has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that Metis Collective shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services. We strongly advise You to read the terms and conditions and privacy policies of any third party web sites or services that You visit.
- Termination – We may terminate or suspend Your account and bar access to the Service immediately, without prior notice or liability, in our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms. If You wish to terminate Your account, You may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Indemnification – You agree to defend, indemnify and hold harmless Metis Collective and its licensee and licensors, and their respective employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) Your use of and/or access to the Application and/or the Service, by You or any person using Your account and password; b) a breach of these Terms, or c) Content posted on the Service.
- Limitation Of Liability – EXCEPT FOR YOUR INDEMNIFICATION OBLIGATIONS IN SECTION 17, UNDER NO CIRCUMSTANCES WILL METIS COLLECTIVE, ITS OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES, PARTNERS OR AGENTS OR YOU BE LIABLE TO ANOTHER PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING FROM THESE TERMS, ACCESS TO AND/OR THE USE OF THE APPLICATIONS AND/OR THE SERVICE, EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. IN NO EVENT WILL METIS COLLECTIVE’S TOTAL LIABILITY UNDER THESE TERMS EXCEED THE HIGHER OF THE AMOUNT OF ONE HUNDRED UNITED STATES DOLLARS ($100.00). FURTHER, NEITHER SAGEDOM NOR ITS OFFICERS, DIRECTORS OR AFFILIATES WILL BE LIABLE FOR ANY LOSS OF YOUR DATA. THIS LIMITATION IS A FAIR ALLOCATION OF RISK.
- Disclaimer – THE APPLICATION AND THE SERVICES ARE PROVIDED AS-IS WITHOUT ANY WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND METIS COLLECTIVE HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND QUALITY, TIMELINESS OR ACCURACY OF SERVICE. METIS COLLECTIVE MAKES NO WARRANTIES OR REPRESENTATIONS THAT THE USE OF THE SERVICES WILL ALLOW YOU TO FIND CONSULTANTS FOR YOUR PROJECTS. ALTHOUGH MEMBERS ARE VETTED BEFORE JOINING THE COMMUNITY, METIS COLLECTIVE DOES NOT VOUCH FOR ANY OF THE USERS OF THE APPLICATION. METIS COLLECTIVE SIMPLY PROVIDES A PLATFORM FOR MEMBERS OF METIS COLLECTIVE TO COMMUNICATE WITH EACH OTHER. ANY INTERACTIONS OR MEETINGS WITH PERSONS MET THROUGH THE APPLICATION IS AT YOUR SOLE RISK.
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.
- Governing Law – These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.
- Entire Agreement – These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
- Changes. We reserve the right, at its sole discretion, to modify the Services or to modify these Terms at any time and without prior notice. If we modify these Terms, we will post the modification on the App and/or provide You notice of the modification by email. We will also update the “Last Updated” date at the top of these Terms. Changes to the Terms will be effective at the time of posting. Your continued access or use of this App and/or the Services will constitute acceptance of the modified Terms. If the modified Terms contain material changes (by decreasing Your rights or increasing Your responsibilities), we will provide You with notice prior to the changes taking effect. If the modified Terms are not acceptable to You, Your only recourse is to stop using the App. If You do not stop using the App You will be deemed to have accepted the changes.
- No Waiver. Waiver of any one default will not waive subsequent defaults of the same or different kind, and no failure or delay of either party to exercise or enforce any of its rights under these Terms will act as a waiver of those rights.
- Copyright – Metis Collective respects copyright law and expects its users to do the same. Metis Collective’s policy is to terminate in appropriate circumstances the Metis Collective account or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. As such, Metis Collective adheres to the following notice and take down policy, in full compliance with Section 512(c)(3) of the DMCA (17 U.S.C. § 512 et seq.). If You believe any member content infringes upon Your intellectual property rights, please submit a notification alleging such infringement (hereafter a “DMCA Takedown Notice”). To be valid, a DMCA Takedown Notice must (i) be provided to Metis Collective’s designated agent (“Copyright Agent”), as set forth below, and (ii) include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to be infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
- Identification of the material claimed to be infringed or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact You, such as an address, telephone number, and, if available, an electronic mail address;
- A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that, under penalty of perjury, the information in the notification is accurate and that You are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Metis Collective’s Copyright Agent to receive DMCA Takedown Notices is: [email protected] For clarity, only DMCA Takedown Notices should go to the Copyright Agent; any other feedback, comments, online transactions or other communications should be directed to the applicable customer service links posted on the Service. You acknowledge that for Metis Collective to be authorized to take down any content, Your DMCA Takedown Notice must comply with all of the requirements of this Section.