Terms Of Use


General Statement


The following Terms of Use (these “terms of service”), govern your access to and the use of the DrotoBay website and mobile application, including any content, functionality and services offered on or through www.DrotoBay.com under the operation of DrotoBay Technology, LLC. These Terms of Use may be referred to as “Terms and Conditions”, “Terms of Service”, or simply “Terms”. DrotoBay Technology, LLC is referred hereto as “DrotoBay”, “The Website, “We”, or “Us”. Users who have/had services listed on www.DrotoBay.com and it’s applicable mobile applications are referred hereto as “Sellers”, “Vendors”, “Drotographers”, “Freelancers”, or “Pilots”.
Please read the terms of use carefully before you start to use DrotoBay. By using DrotoBay, opening an account or by clicking to accept or agree to the terms of use when this option is made available to you, you accept and agree, on behalf of yourself or on behalf of your employer or any other entity (if applicable), to be bound and abide by these terms of use. You further acknowledge, you have read and understood our Privacy Policy. If you do not want to agree to these terms of use or the Privacy Policy, you must not access or use DrotoBay. These terms of use are subject to change. By using DrotoBay and it’s services, you agree to and accept our terms of use.
DrotoBay is offered and available to users who are at least 18 years of age and of legal age to form a binding contract. If you are under 18 and at least 13 years of age, you are only permitted to use DrotoBay through an account owned by a parent or legal guardian with their appropriate permission. If you are under 13 you are not permitted to use or access DrotoBay or it’s services. By using DrotoBay, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use DrotoBay.
The original language of these Terms of Use, as well as all other texts throughout DrotoBay, is English. In case of conflicts between the original English version and any translation, the English version shall prevail.
DrotoBay may make changes to its Terms of Service from time to time. When these changes are made, DrotoBay will make a new copy of the terms of service available on this page.
You understand and agree that if you use DrotoBay after the date on which the Terms of Service have changed, DrotoBay will treat your use as acceptance of the updated Terms of Service.


Definitions


Users: Users of www.DrotoBay.com and it’s applicable mobile applications are referred hereto as “User”, “Users”, “Client”, “Clients”, or “You”.
Clients: Clients are users who purchase services on DrotoBay.
Pilots: Users who have/had services listed on www.DrotoBay.com and it’s applicable mobile applications are referred hereto as “Sellers”, “Vendors”, “Drotographers”, “Freelancers”, or “Pilots”.
Custom Offers: Custom Offers are exclusive proposals that a Seller can create in response to specific requirements of a Client.
Custom Requests: Custom Requests are requests made by a Client to receive a Custom Offer from a Seller.
Extras: Extras are offered on top of the Seller’s listing for an additional price defined by the Seller.
Listing Tier Packages: Listing tier packages allow Sellers to offer services in different formats and prices. Tiered packages can include upgrades.
Listing: The listing is where the Seller can describe their service and the service terms, and the Client can purchase the service and create an order.
Order Page: The Order Page is where Clients and Sellers communicate with each other in connection with an ordered service.
Orders: Orders are the formal agreements between a Client and Seller after a purchase was made from the Seller’s listing Page. Orders are any order initiated by client by clicking “Buy Now”, “Order Now”, or through the custom offer service.
Completed Order: A completed order is an order that has been fully processed through DrotoBay, this typically takes place as soon as the Client agrees to “Complete” the order from their order page.


Overview of Terms for All Users


Only registered users may buy and sell on DrotoBay. Registration is free. In registering for an account, you agree to provide us with accurate, complete and updated information and must not create an account for fraudulent or misleading purposes. You are solely responsible for any activity on your account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you or sellers using our platform.


Proprietary Restrictions


DrotoBay, it’s content, its general layout, look, and user experience may not be duplicated, copied, cloned, or re-created in any way. Violations of this policy will result in the termination of your account and legal action.


User Terms


Orders are purchased through the “Buy Now, or “Order Now” button found on a Seller’s service page or through a Custom Offer.
Clients pay DrotoBay in advance to create an order.
For fees and payments information please read the Client Payment Terms.
You may not offer direct payments to Sellers using payment systems outside of the DrotoBay platform.
You may not offer Sellers to pay, or make payment using any method other than through the DrotoBay.com site. In case you have been asked to use an alternative payment method, please report it immediately to our Support team.
Users may not offer or accept payments using any method other than placing an order through DrotoBay.
When purchasing a service, Clients are granted all rights for the delivered work, unless otherwise specified by the Seller on their listing page.
DrotoBay retains the right to use all published delivered works and Logo Designs for DrotoBay marketing and promotion purposes
Users agree to comply with DrotoBay’s Community Standards, which are a set of behavior rules and guidelines, applicable to the DrotoBay community and marketplace in addition to these Terms of Service, as updated from time to time.
Clients may request a specific service from the Post a Request feature. Services requested on DrotoBay must be an allowed service on DrotoBay. Please click here for guidelines on approved services. Users should refrain from using the Post a Request feature for any purpose other than looking for services on DrotoBay.
In addition, Clients can request a Custom Order which addresses specific Client requirements, and receive a Custom Offer from Sellers through DrotoBay or through DrotoBay Anywhere.
DrotoBay does not provide any guarantee of the level of service offered to Clients. You may use the dispute tools provided to you in the Order Page.
All information and file exchanges must be performed exclusively on DrotoBay’s platform.


User Order Terms


Once payment is confirmed, your order will be created and given a unique DrotoBay order number.
Sellers must deliver completed files and/or proof of work using the Deliver Work button (located on the Order page) according to the service that was purchased and advertised on their service.
An Order is marked as Complete after it is marked as Delivered and then accepted by a Client. An Order will be automatically marked as Complete if not accepted and no request for modification was submitted within 3 days after the Order was marked as Delivered.
Users are responsible for scanning all transferred files for viruses and malware. DrotoBay will not be held responsible for any damages which might occur due to site usage, use of content or files transferred.
Clients may use the “Reject” feature located on the Order Page while an Order is marked as Delivered if the delivered materials do not match the Seller’s description on their service page or they do not match the requirements sent to the Seller at the beginning of the order process.
Responding to a completed order: Once work is delivered, the Client has three days to respond. If no action is taken from the Client within the response period, the Order will be considered completed. An order response is accomplished by the Client by clicking the “Reject” or “Complete” button on the order page.


Order Disputes


We encourage our Clients and Sellers to try and settle conflicts amongst themselves. If for any reason this fails users are allowed to settle disputes using the Resolution Center. For more information about disputes, Order cancellations and refunds please refer to the Payment Terms.
Users cannot request a refund through DrotoBay if work is complete and Client is not satisfied with results. We recommend honest reviews to reflect the Seller’s work to maintain integrity within the DrotoBay platform.
If an order is cancelled prior to completion, user will be fully refunded within 48 hours of cancellation.
Order cancellations from sellers are always approved for any reason.
Order cancellations requested from clients are reviewed by the DrotoBay Resolution Center and approved only upon mutual agreement between the Client, and the Seller unless special circumstances exist which will be decided by the Resolution Center support team.


Reviews


Leaving a Client’s feedback is a basic prerogative of a Client. Feedback reviews will not be removed unless there are clear violations of our Terms of Service and/or our Community Standards.
To prevent any misuse of our Feedback system, all feedback reviews must come from legitimate sales executed exclusively through the DrotoBay platform from users within our Community. Purchases arranged, determined to artificially enhance Seller ratings, or to abuse the DrotoBay platform with purchases from additional accounts, will result in a permanent suspension of all related accounts.
Feedback comments given by Clients are publicly displayed on a Seller’s service page.


Misuse


DrotoBay retains the right to remove a user or seller account for any reason. DrotoBay may elect to remove accounts who post materials that cause harm to DrotoBay’s users, affiliates, or business strategy.
Services created on DrotoBay are User Generated Content. Services and/or users may be removed by DrotoBay from DrotoBay for violations of these Terms of Use and/or our Community Standards, which may include (but are not limited to) the following violations and/or materials:
Illegal or Fraudulent services
Copyright Infringement, Trademark Infringement, and violation of a third party’s terms of service reported through our Intellectual Property Claims Policy found here
Adult oriented services, Pornographic, Inappropriate/Obscene
Intentional copies of services
Spam, nonsense, or violent or deceptive services
Services misleading to Clients or others
Exceedingly low quality services
Promoting DrotoBay and/or DrotoBay services through activities that are prohibited by any laws, regulations, and/or third parties’ terms of service, as well as through any marketing activity that negatively affects our relationships with our users or partners.
Sending or transmitting content on DrotoBay containing websites promoting content, which violates DrotoBay’s Terms of Service and/or our Community Standards, will be removed
To protect our users’ privacy, user identities are kept anonymous. Requesting or providing Email addresses, Skype/IM usernames, telephone numbers or any other personal contact details to communicate outside of DrotoBay in order to circumvent or abuse the DrotoBay messaging system or DrotoBay platform is not permitted.
Any personal information required to continue a service may be exchanged within the Order Page.
Rude, abusive, improper language, or violent messages will not be tolerated and may result in an account warning or the suspension/removal of your account.
Users may not submit proposals or solicit parties introduced through DrotoBay to contract, engage with, or pay outside of DrotoBay.
Users shall not cause any actions with the intentions of spamming or soliciting previous Clients or Sellers to pursue removing/modifying reviews or cancelling orders that do not align on Order Cancellation or Feedback policies.

Client Payment Terms

DrotoBay will apply a 5% Transaction Fee to each order.

DrotoBay will hold your funds within our account until the order is complete at which point the funds will be transferred to the Pilot.

Payment refunds can only be requested for cancelled orders prior to order completion. If an order is complete the refund request may be negotiated with the Pilot but will not be guaranteed to the Client.


Pilot Terms


Sellers must fulfill their orders, and may not cancel orders on a regular basis or without cause. Cancelling orders will affect Sellers’ reputation and status.
DrotoBay retains the right to use all published delivered works and Logo Designs for DrotoBay marketing and promotion purposes.
Sellers create services on DrotoBay to allow Clients to purchase their services.
Sellers may also offer Custom Offers to Clients in addition to their services.
Sellers may not promote their services outside of DrotoBay by providing Client’s with personal contact information.
The Seller’s rating is calculated based on the order reviews posted by Clients. In certain cases, exceedingly low ratings may lead to the suspension or cancellation of the Seller’s account.
For security concerns, DrotoBay may temporarily disable a Seller’s ability to withdraw revenue to prevent fraudulent or illicit activity. This may come as a result of security issues, improper behavior reported by other users, or associating multiple DrotoBay accounts to a single withdrawal provider.
Sellers are responsible for obtaining a general liability insurance policy with coverage amounts that are sufficient to cover all risks associated with the performance of their services.
Sellers are allowed to post a select amount of active services based on their Level status.


Misuse


Services created on DrotoBay are User Generated Content. Services and/or users may be removed by DrotoBay from DrotoBay for violations of these Terms of Use and/or our Community Standards, which may include (but are not limited to) the following violations and/or materials:
Illegal or Fraudulent services
Copyright Infringement, Trademark Infringement, and violation of a third party’s terms of service reported through our Intellectual Property Claims Policy found here
Adult oriented services, Pornographic, Inappropriate/Obscene
Intentional copies of services
Spam, nonsense, or violent or deceptive services
Services misleading to Clients or others
Exceedingly low quality services
Promoting DrotoBay and/or DrotoBay services through activities that are prohibited by any laws, regulations, and/or third parties’ terms of service, as well as through any marketing activity that negatively affects our relationships with our users or partners.
Services containing websites promoting content, which violates DrotoBay’s Terms of Service and/or our Community Standards, will be removed.
Services that are removed for violations mentioned above, may result in the suspension of the Seller’s account.
Withholding the delivery of services, files, or information required to complete the service’s service with the intent to gain favorable reviews or additional services is prohibited.
Services that are removed for violations are not eligible to be restored or edited.
Sellers agree that ALL images used in their respective listings are free of copywrite, violating these terms could result in legal action against the seller and account suspension.
Statements on the service Page that undermine or circumvent these Terms of Use is prohibited.
Extras are additional services offered on top of the Seller’s service for an additional price defined by the Seller.
Services offered through service Extras must be related to the base service and part of the deliverables on the Order.
Rude, abusive, improper language, or violent messages will not be tolerated and may result in an account warning or the suspension/removal of your account.
DrotoBay retains the right to remove a user or seller account for any reason. DrotoBay may elect to remove accounts who post materials that cause harm to DrotoBay’s users, affiliates, or business strategy.
To protect our users’ privacy, user identities are kept anonymous. Requesting or providing Email addresses, Skype/IM usernames, telephone numbers or any other personal contact details to communicate outside of DrotoBay in order to circumvent or abuse the DrotoBay messaging system or DrotoBay platform is not permitted.
DrotoBay is open to everyone. You agree not to discriminate against any other user based on gender, race, age, religious affiliation, sexual orientation or otherwise and you acknowledge that such discrimination may result in the suspension/removal of your account.


Pilot Order Terms


When a Client orders a service, the Seller is notified by email as well as notifications on DrotoBay while logged into the account.
Sellers are required to meet the delivery time they specified when creating their services. Failing to do so will allow the Client to cancel the Order when an Order is marked as late and may harm the Seller’s status.
Sellers must send completed files and/or proof of work using the “Deliver” button (located on the Order page) to mark the Order as Delivered.
Sellers must deliver completed files and/or proof of work using the Deliver Work button (located on the Order page) according to the service that was purchased and advertised on their service.
The “Deliver” button may not be abused by Sellers to circumvent Order guidelines described in these Terms of Service. Using the “Deliver” button when an Order was not fulfilled may result in a cancellation of that Order after review, and will affect the Seller’s rating.
An Order is marked as Complete after it is marked as Delivered and then accepted by a Client. An Order will be automatically marked as Complete if not accepted and no request for modification was submitted within 3 days after the Order was marked as Delivered.


Content Distribution


Sellers warrant that any content included in their services shall be original work conceived by the Sellers and shall not infringe any third party rights, including, without limitation, copyrights, trademarks or service marks. In the event that certain music or stock-footage media are incorporated within the services, Sellers represent and warrant that they hold a valid license to use such music and/or footage and to include them in the services.
DrotoBay will respond to clear and complete notices of alleged copyright or trademark infringement.
DrotoBay retains the right to use all published delivered works and Logo Designs for DrotoBay marketing and promotion purposes.

Order Disputes


We encourage our Clients and Sellers to try and settle conflicts amongst themselves. If for any reason this fails users are allowed to settle disputes using the Resolution Center.
Orders cancellation request from the seller will always be approved for any reason. Upon cancellation, the Client will be fully refunded within 48 hours.


Reviews


Leaving a Client’s feedback is a basic prerogative of a Client. Feedback reviews will not be removed unless there are clear violations of our Terms of Service and/or our Community Standards.


Payment Terms


Each service you sell and successfully complete, accredits your account with a revenue equal to 95% of the purchase amount.
DrotoBay accredits Sellers once an order is completed. See our “Orders” section below for a definition of a completed order.
DrotoBay will hold your funds in our account until you submit a “Pay Out” request. After you request a Pay Out, you will receive your funds in the account you setup within 48 hours.
Sellers on DrotoBay will be required to maintain their own income information for tax purposes.

You may choose to reqyest a Pay Out to Venmo or Paypal. DrotoBay is not responsible for lost funds if you incorrectly enter your Pay Out account details.


DrotoBay Prohibited Actions


Adult Services & Pornography – DrotoBay does not allow any exchange of adult oriented or pornographic materials and services.
Inappropriate Behavior & Language – Communication on DrotoBay should be friendly, constructive, and professional. DrotoBay condemns bullying, harassment, and hate speech towards others.
Phishing and Spam – attempts to publish or send malicious content with the intent to compromise another member’s account or computer environment is strictly prohibited.
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 Order Page. Sellers further confirm that whatever information they receive from the Client, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the Client.
Selling Accounts – You may not buy or sell DrotoBay accounts.
Authentic DrotoBay Profile – You may not create a false identity on DrotoBay, misrepresent your identity, create a DrotoBay 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. DrotoBay reserves the right to require users to go through an identity verification process in order to use DrotoBay and it’s services.
Fraud / Unlawful Use – You may not use DrotoBay for any unlawful purposes or to conduct illegal activities.
Abuse and Spam of any kind is prohibited on all of DrotoBay’s applications.
Multiple Accounts – Users are limited to one active DrotoBay account and one active DrotoBay Business account.

DrotoBay reserves the right to cancel services, or remove an account for any reason if user’s are identified to being detrimental to our business.

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