The following terms of service (these “Terms of Service“), govern your access to and use of the iLoveMyPlug website and mobile application, including any content, functionality and services offered on or through www.iLoveMyPlug.com or the iLoveMyPlug mobile application (the “Site”) by iLoveMyPlug LLC, as applicable. iLoveMyPlug LLC and its subsidiaries are collectively referred hereto as “iLoveMyPlug”, “we” or “us” and “you” or “user” means you as a user of the Site.
Please read the Terms of Service carefully before you start to use the Site. By using the Site, opening an account or by clicking to accept or agree to the Terms of Service 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 Service and iLoveMyPlug Payment Terms, found here“Payment Terms”), which is incorporated herein by reference. You further acknowledge, you have read and understood our Privacy Policy, found here. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Site. For more detailed policies surrounding the activity and usage on the Site, please access the designated articles herein.
This Site 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 the Site 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 the Site or the iLoveMyPlug services. By using the Site, 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 the Site.
Our Customer Support team is available 24/7 if you have any questions regarding the Site or Terms of Service. Contacting our Customer Support team can be performed by submitting a request [email protected]
The original language of these Terms of Service, as well as all other texts throughout the Site, is English. iLoveMyPlug makes this translation available for convenience only. In case of conflicts between the original English version and any translation, the English version shall prevail.
1. Key Terms
Buyers are users who purchase services on iLoveMyPlug.
Custom Offers are exclusive proposals that a Seller can create in response to specific requirements of a Buyer.
Custom Orders are requests made by a Buyer to receive a Custom Offer from a Seller.
Listing Extras are additional services offered on top of the Seller’s listing for an additional price defined by the Seller.
Listing Packages allow Sellers to offer services in different formats and prices. Packages can include upgrades, which lets Sellers price their service for a basic price of over $5.
Listing Page is where the Seller can describe their service and the terms, and the Buyer can purchase the service and create an order.
Listings / Request / Services are services offered on iLoveMyPlug.
Messages Page is where Buyers and Sellers communicate with each other in connection with an ordered services.
Orders are the formal agreements between a Buyer and Seller after a purchase was made from the Seller’s listing Page.
Sellers or Freelancers are users who offer and perform services through Listings/Services on iLoveMyPlug.
2. Continuation
- Only registered users may buy and sell on iLoveMyPlug. 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 in connection with your account.
- Listings on iLoveMyPlug may be offered at a base starting price of $5. Some Listings are offered at a base price of more than $5 as determined by the Seller.
- Buyers pay iLoveMyPlug in advance to create an order (see Payment Terms)
- Orders are purchased through the Order button found on a Seller’s Listing page or through a Custom Offer.
- For fees and payments please read the Payment 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 level.
- Sellers gain account levels based on their performance metrics. You can read more about it in the Levels section below.
- Users may not offer or accept payments using any method other than placing an order through iLoveMyPlug.com.
- When purchasing a service, Buyers are granted all rights for the delivered work, unless otherwise specified by the Seller on their Listing page.
- iLoveMyPlug retains the right to use all published delivered works and Logo Designs for iLoveMyPlug marketing and promotion purposes.
- We care about your privacy. You can read our Privacy Policy here.
- Users undertake to comply with iLoveMyPlug’s Community Standards, which are a set of behavior rules and guidelines applicable to the iLoveMyPlug community and marketplace in addition to these Terms of Service, as updated from time to time.
3. Sellers
3.1 Basics
- Sellers create Listings on iLoveMyPlug to allow Buyers to purchase their services.
- Sellers may also offer Custom Offers to Buyers in addition to their Listings.
- Each Listings you sell and successfully complete, accredits your account with a revenue equal to 82% of the purchase amount.
- iLoveMyPlug accredits Sellers once an order is completed. See our “Orders”section below for a definition of a completed order.
- For more information about receiving payments, fees and taxes see the Payment Terms.
- Sellers may not promote their Listings or any iLoveMyPlug content via the Google Ads platform.
- The Seller’s rating is calculated based on the order reviews posted by Buyers. High ratings allow Sellers to obtain advanced Seller levels. In certain cases, exceedingly low ratings may lead to the suspension of the Seller’s account (see Levels section below).
- 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.
3.2 Listings
- Sellers are allowed to post a select amount of active Listings based on their status.
- Listings created on iLoveMyPlug are User Generated Content.
- Listings and/or users may be removed by iLoveMyPlug from the Site for violations of these Terms of Service 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 Listings
- Spam, nonsense, or violent or deceptive Listings
- Listings misleading to Buyers or others
- Reselling of regulated goods
- Offering to prepare academic works on behalf of Buyers
- Low quality services or deliveries
- Promoting iLoveMyPlug and/or iLoveMyPlug Listings 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.
- Listings that are removed for violations mentioned above, may result in the suspension of the Seller’s account.
- Listings that are removed for violations are not eligible to be restored or edited.
- Listings may be removed from our listings due to poor performance and/or user misconduct.
- Listings may include pre-approved website URLs contained within the Listings description and requirements box. Listings containing websites promoting content, which violates iLoveMyPlug’s Terms of Service and/or our Community Standards, will be removed.
- Listings are required to have an appropriate Listings image related to the service offered. Sellers must deliver the same quality of service as shown on their Listings images. Recurring deliveries that don’t match the quality shown on the Listings images may lead to the Seller’s account losing Seller status or becoming permanently disabled.
- Listings may contain an approved Listings Video uploaded through the Listings management tools available on iLoveMyPlug.
- Statements on the Listings Page that undermine or circumvent these Terms of Service is prohibited.
- Eligible Listings may set up Listings Packages to offer their services in structured formats with multiple price points for the selected Listings.
- Certain categories are available only to Pro Freelancers to create Listings. If you are not a Pro Freelancer, creating a Listings for services available to Pro Freelancers only may result in removal of your Listings.
3.3 Listings Extras
- Listings Extras are additional services offered on top of the Seller’s Listings for an additional price defined by the Seller.
- Listings Extras may be removed for violations of our Terms of Service and/or our Community Standards. For specific terms, please see the Listings section above for a list of services that violate our Terms of Service. Listings are subject to be removed due to violations found in Listings Extras.
- Services offered through Listings Extras must be related to the base service and part of the deliverables on the Order.
- Listings Extras may cover different categories of services that are components to a higher quality delivered service.
- Sellers have the option to extend the duration of an Order for each Listings Extra that is added to the Order. This is to cover the time needed to complete the extra service.
3.4 Levels
Our level system empowers Sellers with metrics demonstrating what drives their progress. As Sellers gain more experience on the platform and advance to higher Levels, they will be eligible for new benefits and tools.
3.5 Pro Freelancers
- Pro Freelancers are open to everyone: new and existing Freelancers.
- Pro Freelancers eligibility is constantly evaluated by iLoveMyPlug to ensure that the quality standards and expectations of the Pro Freelancer selection is kept. iLoveMyPlug retains the right to change a Pro Freelancer status in light of such evaluation. In addition, Pro Freelancers who cannot maintain their high quality service through a severe drop in ratings, stop delivering on time, increase cancellation rate or violate our Terms of Service, also risk losing their Pro status and the benefits that come with it.
3.6 Seller Features
iLoveMyPlug Sellers have access to several exclusive features that help customize the way their services can be offered.
Custom Offer
- Sellers can send Custom Offers addressing specific requirements of a Buyer.
- Custom Offers are defined by the Seller with the exact description of the service, the price and the time expected to deliver the service.
- Custom Offers are sent from the conversation page.
- Services provided through Custom Offers may not violate iLoveMyPlug’s Terms of Service and/or our Community Standards.
Security Deposit
- Listings and Custom Offers above $100 may include security deposit. Each security deposit is paid and delivered separately in accordance with each Custom Offer’s description and timelines.
- Once a security deposit is delivered and marked as completed, Buyers may choose to either continue with the Order and pay for the balance, or to stop the Order. If Buyer does not pay the balance acceptance security deposit, the Order may be canceled and the security deposit WILL NOT BE RETURNED.
Listing Subscription
- Eligible Sellers may offer Buyers a fixed term subscription for a specific Listings (the “Listings Subscription”). During the Listings Subscription term, Seller will deliver one Order of the same Listings on a recurring basis, as agreed between the Seller and Buyer.
- Buyers may cancel future Orders under the Listings Subscription before payment is made for such future Orders. In such case, the Orders under the Listings Subscription will be cancelled, as applicable. Once payment is made, iLoveMyPlug’s Order Cancelation policy under the Payment Terms will apply.
- Sellers may cancel the Listings Subscription up to 10 days before the next consecutive Order. Otherwise, iLoveMyPlug’s Order Cancelation policy under the Payment Terms will apply.
4. Buyers
4.1 Basics
- You may not offer direct payments to Sellers using payment systems outside of the iLoveMyPlug platform.
- iLoveMyPlug retains the right to use all publicly published delivered works for iLoveMyPlug marketing and promotional purposes.
- Buyers may request a specific service from the Post a Request feature. Services requested on iLoveMyPlug must be an allowed service on iLoveMyPlug. Users should refrain from using the Post a Request feature for any purpose other than looking for services on iLoveMyPlug.
4.2 Purchasing
- Please refer to the Payment Terms for making Payments through the iLoveMyPlug platform and to learn about fees and taxes.
- In addition, Buyers can request a Custom Order which addresses specific Buyer requirements, and receive a Custom Offer from Sellers through the site.
- You may not offer Sellers to pay, or make payment using any method other than through the iLoveMyPlug.com site. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support.
5. Orders
5.1 Basics
- Once payment is confirmed, your order will be created and given a unique iLoveMyPlug order number (#PO).
- Sellers must deliver completed files and/or proof of work using the iLoveMyPlug Site according to the service that was purchased and advertised on their Listing.
- The Complete Work button may not be abused by Sellers to circumvent Order guidelines described in these Terms of Service. Using the “Complete Work” button when an Order was not fulfilled may result in a cancellation of that Order after review, affect the Seller’s rating and result in a warning to Seller.
- An Order is marked as Complete after it is marked as Delivered and then accepted by a Buyer. 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. The Buyer may extend such period by up to 5 additional days.
- We encourage our Buyers and Sellers to try and settle conflicts amongst themselves. If for any reason this fails after using the Resolution Center or if you encounter non-permitted usage on the Site, users can contact iLoveMyPlug’s Customer Support department for assistance here. For more information about disputes, Order cancellations and refunds please refer to the Payment Terms.
- Buyers may purchase a Listing Subscription, if available on the Seller’s Listing page. During the Listing Subscription term, a new Order of the same Listings will be automatically created on a recurring basis, as agreed between the Seller and Buyer. By purchasing a Listing Subscription, you authorize us to automatically charge you for each Order under the Listing Subscription from your iLoveMyPlug Balance or saved payment method, as applicable. If you do not have any iLoveMyPlug Balance or a saved payment method, you will be requested to approve the payment prior to the next Order. In case a payment is not processed or made by Buyer, for any other reason, the Orders under the Listing Subscription will be cancelled. Buyer may also cancel future Orders under the Listing Subscription before payment is made for such future Orders. Once payment is made, iLoveMyPlug’s Order Cancelation policy under the Payment Terms will apply. Please note that Sellers can cancel future Orders under the Listing Subscription 10 days prior to the next consecutive Order.
- Certain Listing that offer local services might require Buyers and Sellers to meet in person in order for the Seller to perform the service. In such cases, users should note that iLoveMyPlug does not guarantee the behavior, conduct, safety, suitability or ability of either Buyers or Sellers. Both Buyers and Sellers agree that the entire risk arising out of their meeting and/or their use or performance of local services remains solely with them, and iLoveMyPlug has no responsibility or liability related to any local services provided by the Sellers. In the event that the service is performed on the Buyers’ premises, Buyers are encouraged to maintain proper insurance policies to cover their liability as the premise owner. iLoveMyPlug’s Terms of Service and Community Standards remain applicable to Orders that are performed outside of the marketplace (including, among others, the below restrictions on Unlawful Use, Inappropriate Behavior & Language, and Targeted Abuse).
5.2 Handling Orders
- When a Buyer orders a Listing, the Seller is notified by email as well as notifications on the site while logged into the account.
- Sellers are required to meet the delivery time they specified when creating their Listings. Failing to do so will allow the Buyer to cancel the Order when an Order is marked as late and may harm the Seller’s level.
- Sellers must send completed files and/or proof of work using the Deliver Completed Work button (located on the Order page) to mark the Order as Delivered.
- Users are responsible for scanning all transferred files for viruses and malware. iLoveMyPlug will not be held responsible for any damages which might occur due to site usage, use of content or files transferred.
5.3 Reviews
- Reviews provided by Buyers are an essential part of iLoveMyPlug’s rating system.
- 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 review system, all reviews must come from legitimate and eligible orders. Purchases arranged, determined to artificially enhance Seller ratings, or to abuse the iLoveMyPlug platform, will result in a permanent suspension of all related accounts.
- Withholding the delivery of services, files, or information required to complete the Listing’s service with the intent to gain favorable reviews or additional services is prohibited. Sellers may not solicit the removal of feedback reviews from their Buyers through mutual cancellations.
- Once both Seller and Buyer have completed their reviews, or the applicable review period has passed, all posted reviews are made public.
- Work Samples are added to a Seller’s Live Portfolio on their Listing page if the Buyer chooses to publish the Work Sample while providing a public feedback review. Work Samples are the delivered images and videos sent to a Buyer in a delivery message.
6. Disputes and Cancellations
We encourage our Buyers and Sellers to try and settle conflicts amongst themselves. If for any reason this fails after using the Resolution Center or if you encounter non-permitted usage on the Site, users can contact iLoveMyPlug’s Customer Support department for assistance [email protected]. For more information about disputes, Order cancellations and refunds please refer to the Payment Terms.
7. User Conduct and Protection
iLoveMyPlug enables people around the world to create, share, sell and purchase nearly any industry service they need. Members of the iLoveMyPlug community communicate and engage through orders, social media, and on iLoveMyPlug’s Community Forums.
iLoveMyPlug maintains a friendly, community spirited, and professional environment. Users should keep to that spirit while participating in any activity or extensions of iLoveMyPlug. This section relates to the expected conduct users should adhere to while interacting with each other on iLoveMyPlug.
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 [email protected].
8 Basics
- Requesting or providing Email addresses, Skype/IM usernames, instagram, telephone numbers or any other personal contact details to communicate outside of iLoveMyPlug in order to circumvent or abuse the iLoveMyPlug messaging system or iLoveMyPlug platform is not permitted.
- Any necessary exchange of personal information required to continue a service may be exchanged within the Order Page.
- iLoveMyPlug does not provide any guarantee of the level of service offered to Buyers. You may use the dispute resolution tools provided to you in the Order Page.
- iLoveMyPlug does not provide protection for users who interact outside of the iLoveMyPlug platform.
- All information and file exchanges must be performed exclusively on iLoveMyPlug’s platform.
- 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.
- iLoveMyPlug is open to everyone. You undertake 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.
- Users may not submit proposals or solicit parties introduced through iLoveMyPlug to contract, engage with, or pay outside of iLoveMyPlug.
- Users with the intention to defame competing Sellers by ordering from competing services will have their reviews removed or further account status related actions determined by review by our legal team.
- Users are to refrain from spamming or soliciting previous Buyers or Sellers to pursue removing/modifying reviews or cancelling orders that do not align on Order Cancellation or Feedback policies.
8.1 Listings
- Users may report Listings to Customer Support that may be in violation of iLoveMyPlug’s Terms of Service based on the reported Listing’s replicated similarity to pre-existing services.
- Sellers warrant that any content included in their Listings 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 Listings, Sellers represent and warrant that they hold a valid license to use such music and/or footage and to include them in the Listings.
- iLoveMyPlug will respond to clear and complete notices of alleged copyright or trademark infringement. Our Intellectual Property claims procedures can be reviewed here.
8.2 Reporting Violations
If you come across any content that may violate our Terms of Service and/or our Community Standards, you should report it to us through the appropriate channels created to handle those issues as outlined in our Terms of Service. All cases are reviewed by our legal team. To protect individual privacy, the results of the investigation are not shared. You can review our Privacy Policy for more information.
8.3 Violations
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 legal team. A warning will be sent to the user’s email address and will be displayed for such user on the Site. Warnings do not limit account activity, but can result in your account being placed on hold from progress in the leveling system, excluding your account from participation in the leveling system, affect your eligibility to certain benefits and tools or lead your account to becoming permanently disabled.
8.4 Non-Permitted Usage
- Adult Services & Pornography – iLoveMyPlug does not allow any exchange of adult oriented or pornographic materials and services.
- Inappropriate Behavior & Language – Communication on iLoveMyPlug should be friendly, constructive, and professional. iLoveMyPlug condemns bullying, harassment, and hate speech towards others. We allow users a medium for which messages are exchanged between individuals, a system to rate orders, and to engage on larger platforms such as our Community Forum and 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 Listings or orders.
- 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 Buyer, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the Buyer. Any users who engage and communicate off of iLoveMyPlug will not be protected by our Terms of Service.
- Authentic iLoveMyPlug Profile – You may not create a false identity on iLoveMyPlug, misrepresent your identity, create a iLoveMyPlug 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., must be accurate and complete and may not be misleading, illegal, offensive or otherwise harmful. iLoveMyPlug 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 – iLoveMyPlug will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s terms of service. Our Intellectual Property claims procedures can be reviewed here. 8.2
- Fraud / Unlawful Use – You may not use iLoveMyPlug for any unlawful purposes or to conduct illegal activities.
8.5 Abuse and Spam
- Multiple Accounts – To prevent fraud and abuse, users are limited to one active iLoveMyPlug account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the iLoveMyPlug community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations of iLoveMyPlug’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 iLoveMyPlug. This includes creating new multiple accounts to harass members through our message or ordering system.
- Selling Accounts – You may not buy or sell iLoveMyPlug accounts.
8.6 Proprietary Restrictions
The Site, including its general layout, look and feel, design, information, content and other materials available thereon, is exclusively owned by iLoveMyPlug and protected by copyright, trademark, and other intellectual property laws. iLoveMyPlug is a registered trademark owned exclusively by Plug Ent. Users have no right, and specifically agree not to do the following with respect to the Site or any part, component or extension of the Site (including its mobile applications): (i) copy, transfer, adapt, modify, distribute, transmit, display, create derivative works, publish or reproduce it, in any manner; (ii) reverse assemble, decompile, reverse engineer or otherwise attempt to derive its source code, underlying ideas, algorithms, structure or organization; (iii) remove any copyright notice, identification or any other proprietary notices; (iv) use automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Site; (v) attempt to gain unauthorized access to, interfere with, damage or disrupt the Site or the computer systems or networks connected to the Site; (vi) circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Site; (vii) use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, “mines,” scrapes or otherwise accesses the Site to monitor, extract, copy or collect information or data from or through the Site, or engage in any manual process to do the same, (viii) introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful into our systems, (ix) use the Site in any manner that could damage, disable, overburden or impair the Site, or interfere with any other users’ enjoyment of the Site or (x) access or use the Site in any way not expressly permitted by these Terms of Service. Users also agree not to permit or authorize anyone else to do any of the foregoing.
Except for the limited right to use the Site according to these Terms of Service, iLoveMyPlug owns all right, title and interest in and to the Site (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We reserve all rights in connection with the Site and its content (other than UGC) including, without limitation, the exclusive right to create derivative works.
8.7 Feedback Rights
To the extent that you provide iLoveMyPlug with any comments, suggestions or other feedback regarding the iLoveMyPlug platform or the Site as a whole, as well as other iLoveMyPlug products or services (collective, the “Feedback”), you will be deemed to have granted iLoveMyPlug an exclusive, royalty-free, fully paid up, perpetual, irrevocable, worldwide ownership rights in the Feedback. iLoveMyPlug is under no obligation to implement any Feedback it may receive from users.
8.8 Confidentiality
Sellers should recognize that there might be a need for Buyers to disclose certain confidential information to be used by Sellers for the purpose of delivering the ordered work, and to protect such confidential information from unauthorized use and disclosure. Therefore, Sellers agree to treat any information received from Buyers as highly sensitive, top secret and classified material. Without derogating from the generality of the above, Sellers 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 Buyer’s permission.
9. General Terms
- iLoveMyPlug reserves the right to put any account on hold or permanently disable accounts due to breach of these Terms of Service and/or our Community Standards, including low quality services or deliveries, or due to any illegal or inappropriate use of the Site or services.
- Violation of iLoveMyPlug’s Terms of Service and/or our Community Standards may get your account disabled permanently.
- Users with disabled accounts will not be able to sell or buy on iLoveMyPlug.
- Users who have violated our Terms of Service and/or our Community Standards and had their account disabled may contact our Customer Support team for more information surrounding the violation and status of the account.
- Users have the option to enable account Security features to protect their account from any unauthorized usage.
- Users must be able to verify their account ownership through Customer Support by providing materials that prove ownership of that account.
- Disputes should be handled using iLoveMyPlug’s Customer Support. [email protected]
- iLoveMyPlug may make changes to its Terms of Service from time to time. When these changes are made, iLoveMyPlug will make a new copy of the terms of service available on this page.
- You understand and agree that if you use iLoveMyPlug after the date on which the Terms of Service have changed, iLoveMyPlug will treat your use as acceptance of the updated Terms of Service.
10. User Generated Content
User Generated Content (“UGC“) refers to the content added by users as opposed to content created by the Site. All content uploaded to iLoveMyPlug by our users (Buyers and Sellers) is User Generated Content. iLoveMyPlug 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 iLoveMyPlug 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, iLoveMyPlug is not responsible for the content, quality or the level of service provided by the Sellers. We provide no warranty with respect to the Listings, their delivery, any communications between Buyers and Sellers. We encourage users to take advantage of our rating system, our community and common sense in choosing appropriate services.
By offering a service, the Seller undertakes that they have sufficient permissions, rights and/or licenses to provide, sell or resell the service that is offered on iLoveMyPlug. Sellers advertising online their Listings must comply with laws and terms of service of the advertising platform or relevant website used to advertise. Failing to do so may result in removal of the Listing, as applicable, and may lead to the suspension of Seller’s account.
11. Publishing / Distribution
- iLoveMyPlug Publishing / Distribution
NON-EXCLUSIVE DIGITAL DISTRIBUTION AGREEMENT
This Non-Exclusive Digital Distribution Agreement, (the “Agreement”) between “You” (hereinafter referred to as the “Artist”) and “iLoveMyPlug Digital Distribution” (hereinafter referred to as the “DSP”), hereby agree to the following terms and conditions set forth herein;
1. Subject
A. “DSP” provides to “Artist/Label” digital distribution services, in cooperation with a number of its third party digital service providers and partners, in order to distribute the “Artist/Label” catalog of music tracks and music videos, for sale via digital downloads through any possible digital distribution channels available (Amazon Music, Apple Music, Deezer, Napster, Pandora, Spotify, Tidal, YouTube, etc…). “DSP” does also distributes through third party service providers/mobile carriers (Musiwave, Arvato Mobile, T-Mobile, O2, Vodafone, etc…) ringtones in various technical configurations and exploitations, as so-called “Realtones” as well as musical audiovisual recordings as downloads through mobile phones and other handheld devices.
B. “Artist/Label” authorizes “DSP” with the rights to distribute and license “Artist/Label” digital recordings on a non-exclusive basis to its digital retailers, digital music service providers, digital distributors, and aggregators (the “Licensees”) that sell, distribute, deliver, communicate, stream, perform, or otherwise exploit sound and/or audiovisual recordings digitally in transmittable file formats. It is understood that the “Licensees” may re-sell, distribute, deliver, communicate, stream, transmit, perform, or otherwise exploit the digital recordings directly to consumers.
C. “DSP”, its partners, colleagues, and its “Licensees” shall also have the non-exclusive rights to use album artwork and artists’ names, likenesses, producer names, writers names, and biographical material in connection with (i) exploitation of “Artist/Label” recordings and (ii) for licensing on a stand-alone basis, including without limitation for (iii) use as audio/video digital recordings, wallpaper, ringtones and ringbacks (Realtones), SMS, mobile services on mobile handsets and other handheld devices (which income shall be subject to royalty payments pursuant to sections 4 through 6 herein).
D. The rights granted by “Artist/Label” to “DSP” in this agreement exclude all physical manufacturing and distribution in any physical form, now and hereafter, with all rights therein to be retained in their entirety throughout the territory by “Artist/Label”.
E. “DSP” does not guarantee placement of the recordings with any “Licensee”, and “DSP” and its “Licensees” reserve the rights to reject any recordings at its discretion.
2. Non-Exclusive Assignment of Rights
A. Subject to this agreement, “Artist/Label” assigns “DSP” the non-exclusive rights worldwide to offer its digital audio/visual recordings for digital sales purposes through any digital transmittal delivery method, now or hereafter known to the end consumer, including and not limited to the worldwide web.
B. All digital files uploaded and delivered through our digital distribution platform system will be securely stored via data banks controlled by us and our partners and colleagues, iLoveMyPlug Music Group.
C. “DSP” shall also have the right to market, promote, and advertise, via the worldwide web, at its discretion, the artists and assets provided by “Artist/Label” under this agreement. Its digital masters, photographs, likenesses, biographical material, bands, producers and/or songwriters, as well as track and/or album names, and album artwork, for promotion, marketing, and advertising purposes.
D. If “Artist/Label” notifies “DSP” by electronic email of an issue with a recording(s) that affects the “Artist/Label” rights to make such digital recording(s) available to “DSP” under this agreement, “DSP” shall remove specified recording(s) from its database, and shall issue takedown notices to its “Licensees” to immediately remove such recording(s) from their systems as well. There shall be a fine of $250 for the 1st offense, and $500 for the 2nd offense, charged to the “Artist/Label” for pulling recordings due to infringements. The “Artist/Label” 3rd offense will warrant an automatic termination of this contract, and “Artist/Label” will lose all of their digital distribution privileges, and any distributed content will be immediately removed from all channels. All royalties will be forfeited as well.
E. “Artist/Label” guarantees upon signing this agreement that this agreement in no way, conflicts or hinders any other existing agreements or contracts that the “Artist/Label” may have. Any legal disputes or costs that may occur due to such existing agreements or contracts between “Artist/Label”, its artists, and other parties, must be resolved at the cost of the “Artist/Label”. The “Artist/Label” holds “DSP”, its distributors, and “Licensees” harmless in any legal disputes or actions.
3. Terms of Agreement
The initial term of this agreement shall be for (1) one year. Thereafter, this agreement shall automatically extend from year to year, unless one party gives the other party notice of termination no later than (60) sixty days prior to the start of a New Calendar Year, or if “Artist/Label” does not renew their yearly membership dues. “DSP” reserves the right at any time.
4. Cost Per Upload / Price Per Download
A. Cost per membership is as follows: ($0) Free with a 80%-20% royalty split in the “Artist/Label” favor. ($150) one hundred and fifty dollars per year and the “Artist/Label” get 100% of royalties we collect. Our system will auto generate and assign UPC and ISRC Codes to each song and project as needed. Each project needs just (1) UPC Code, but every song needs its own ISRC Code.
B. This paragraph will serve as a letter of direction from the “Artist/Label” for the “DSP” to authorize its colleagues, iLoveMyPlug Music Group to pay to “DSP” directly (100%) one hundred percent of the net amounts, less any fees. “DSP” will then distribute the required amount received from its partners, less any membership fees due. The net amount is defined as the amount received directly or through its designated agents derived from sales and other compensated uses and sales of the Digital Recordings (Audio or Audio Visual) to end consumers. Including, but not limited to, iLoveMyPlug Music Group’s own sales stores and platforms, iLoveMyPlug’s own sales stores and platforms, digital aggregators, digital retailers, digital music service providers and digital distributors worldwide (the “Licensees”). The same method applies for each product sold under this agreement, including but not limited to, mobile phones, other mobile phone services, and all handheld devices now or hereafter known as referred to in this contract.
C. Any balance due under one hundred and fifty dollars ($150.00) shall be rolled into the following system analysis, and paid out only when the balance exceeds one hundred and fifty dollars ($150.00). The statements will be sent to the “Artist/Label” email address on file and the net royalty amount due will be transferred into “Artist/Label” account by “DSP”, less any banking fees, postage, or wire transfer fees.
5. Royalties and Third Parties
A. Through this agreement, “Artist/Label” authorizes “DSP” to appoint its colleagues, iLoveMyPlug Music Group to act as “Artist/Label” authorized Sound Recording (SR) copyright representative, to collect all income deriving from the “Digital Recordings” delivered hereunder, such as income deriving from digital sales and digital reproduction from online websites, mobile devices, and online retailers throughout the territory.
B. “Artist/Label” is solely responsible for the accounting and payment of any royalties due to its licensors, (i.e. Artists, Producers, and other Rights Holders, per this agreement). Artists, Producers, and other Rights Holders are solely responsible for any royalties due to any other Artists, Producers, and or Rights Holders who may be owed royalties for their participation in any of your registered works.
6. Accounting / Statements
A. All statements and payments (pursuant to paragraphs 4 through 6) will be made directly to “Artist/Label” by “DSP” every (3) three months . Statements will be sent to the “Artist/Label” email address on file.
B. “DSP” incoming payments from our colleagues iLoveMyPlug Music Group will be paid in USD, and subject to the then current bank conversion rates, taxes, and fees, where applicable.
C. “Artist/Label” shall have the right to audit iLoveMyPlug’s books, at “Artist/Label” expense, once every (3) three years, at the place that the “DSP” maintains such records, during normal business hours, with a (60) sixty day notice in writing.
D. Any objection relating to accounting payments or statements, must be made within (30) thirty days from the date of the statement in question. “Artist/Label” hereby waives any longer statute of limitations that may be permitted by law.
7. Confidentiality
A. “Artist/Label” agrees that it shall not distribute this agreement or utilize it for any other purpose other than to facilitate the business relationship by and between “Artist/Label” and “DSP”.
8. Warranties and Indemnities
A. “Artist/Label” warrants and represents that it has the right and authority to enter into this “Agreement” and to grant “DSP” all rights specified herein; all of the recordings and music on the recordings, artwork, metadata, videos and any other material furnished by “Artist/Label” to “DSP” or relating to the recordings including samples in the recordings and music, and that (i) “Artist/Label” has obtained all necessary third-party consents, clearances, licenses agreements and permissions necessary to enter into and fully perform its obligation herein; and (ii) any recordings delivered by “Artist/Label” to “DSP” shall not, in whole or in part, infringe on the copyrights or other rights of any person or entity; (iii) and that “Artist/Label” owns or controls the necessary rights in order to make the grant of rights, licenses and permissions herein, and that the exercise of such rights licenses and permissions by the “Artist/Label” hereto shall not violate or infringe the rights of any third party; and that (iv) “DSP” shall have the right to exploit the same in all manners hereunder free from adverse claim and without any obligation to make any payment of any nature to any person or entity, other than the amounts due to “Artist/Label” as defined in this agreement.
B. “Artist/label” hereby indemnifies, defends, and holds “DSP” and its partners, colleagues, officers, stockholders, employees, aggregators, distributors, online stores, and their affiliates harmless from all claims made by any third party, including and not limited to: (i) any losses, liabilities, damages, cost or expenses (including attorney’s fees and cost) due to: (ii) a breach of any warranty, representation, covenant or obligation granted to “DSP” by “Artist/Label” under this agreement.
C. “Artist/Label” will be solely responsible for any and all issues that may arise from any unlicensed and/or unauthorized content that is ingested, uploaded, and delivered digitally through the system platform being provided by “DSP” to “Artist/Label” under this agreement; including and not limited to legal cost and/or other charges that could result from unauthorized content distribution by “Artist/Label”. Such charges if incurred shall be immediately due and payable to “DSP” by “Artist/Label” upon request.
9. Miscellaneous
A. (i) “Artist/Label” shall acknowledge “iLoveMyPlug” as its non-exclusive digital distribution provider, and (ii) “Artist/Label” shall not by any method now or hereafter known during the term of this agreement, represent or advertise themselves in any manner whatsoever throughout the universe that competes with “DSP” business model and/or services they offer.
B. (i) “Artist/Label” will not for any reason whatsoever, directly contact or conduct business with any of the “DSP” partners, associates, representatives, clients, or stockholders without requesting and obtaining authorization in writing from the “DSP”. (ii) This paragraph shall remain in effect for the term of this agreement, and (iii) shall survive the expiration of this agreement by a period of (2) two years.
C. Any suspected issues regarding any digitally distributed releases must be addressed by “Artist/Label” in writing to “DSP”, and vice versa.
D. All notices with respect to this agreement in its entirety shall be given by electronic email, to the addresses listed on file.
E. If any part of this agreement shall be determined to be invalid or unenforceable by a court of competent jurisdiction, and having jurisdiction to make such determinations, the remainder of this “Agreement” shall remain in full force and effect.
F. With the exception of paragraph 9 “Section E” neither party shall be deemed in breach of this “Agreement” unless the other party has given the breaching party notice in writing, and the breaching party has failed to cure such breach within (30) thirty days after receipt of such notice. The aggrieved party shall only be entitled to amounts reasonably related to the breach in question, and no penalties or damages shall be awarded to either party, except those listed in paragraph 2 “Section D”.
G. (i) This “Agreement” embodies the entire “Agreement” between the parties as stated herein, and supersedes any and all previous understandings and agreements between the parties, whether oral or in written regarding the subject matter hereof. (ii) This “Agreement” does not create a partnership or joint venture. (iii) This “Agreement” shall not be binding, nor shall any changes or modifications to this “Agreement” be binding.
H. Governing Law; Exclusive Venue. This “Agreement” shall be governed by the laws in the State of Georgia, and are subject to the exclusive jurisdiction of the U.S. District Court for the Northern District of Georgia, the Circuit Court of Atlanta / Fulton County, to hear any disputes arising out of or relating to this “Agreement”.
IN WITNESS WHEREOF, the parties hereto have executed this “Agreement” on the date/time the Membership was purchased and listed on the iLoveMyPlug Website, with all due diligence.
11.1 Ownership
Ownership and limitations: When purchasing a Listing on iLoveMyPlug, unless clearly stated otherwise on the Seller’s Listing page/description, when the work is delivered, and subject to payment, the Buyer is granted all intellectual property rights, including but not limited to, copyright in the work delivered from the Seller, and the Seller waives any and all moral rights therein. Accordingly, the Seller expressly assigns to the Buyer the copyright in the delivered work. All transfer and assignment of intellectual property to the Buyer shall be subject to full payment for the Listings, and the delivery may not be used if payment is cancelled for any reason. For removal of doubt, in custom created work (such as art work, design work, report generation etc.), the delivered work and its copyright shall be the exclusive property of the Buyer and, upon delivery, the Seller agrees that it thereby, pursuant to these Terms of Service, assigns all right, title and interest in and to the delivered work to the Buyer. Some Listings (including for custom created work) charge additional payments (through add-ons) for a Commercial Use License. This means that if you purchase the Listing for personal use, you will own all rights you require for such use, and will not need the Commercial Use License. If you intend to use it for any charge or other consideration, or for any purpose that is directly or indirectly in connection with any business, or other undertaking intended for profit, you will need to buy the Commercial Use License through an add-on and will have broader rights that cover your business use.
For Voice Overs, when the work is delivered, and subject to payment, the Buyer is purchasing basic rights (which means the Buyer is paying a one time fee allowing them to use the work forever and for non-commercial purposes). If you intend to use the Voice Over to promote a product and/or service (with the exception of paid marketing channels), you will need to purchase the Commercial Rights (Buy-Out) through add-on. If you intend to use the Voice Over in radio, television and internet commercials, you will need to purchase the Full Broadcast Rights (Buy-Out) through add-on. For further information on the type of buy-outs, please read below.
Furthermore, users (both Buyers and Sellers) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to iLoveMyPlug, including Listings, Request, texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by iLoveMyPlug for no consideration for marketing and/or other purposes.
12. Disclaimer of Warranties
YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER FIVERR NOR ANY PERSON ASSOCIATED WITH FIVERR MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
13. Machine Translation
Certain user-generated content on the Site has been translated for your convenience using translation softwares powered by Google. Reasonable efforts have been made to provide an accurate translation, however, no automated translation is perfect nor is it intended to replace human translators. Such translations are provided as a service to users of the Site, and are provided “as is”. No warranty of any kind, either expressed or implied, is made as to the accuracy, reliability, or correctness of such translations made from English into any other language. Some user-generated content (such as images, videos, Flash, etc.) may not be accurately translated or translated at all due to the limitations of the translation software.
Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties of merchantability, fitness for a particular purpose and non-infringement.
The official text is the English version of the Site. Any discrepancies or differences created in the translation are not binding and have no legal effect for compliance or enforcement purposes. If any questions arise related to the accuracy of the information contained in the translated content, please refer to the English version of the content which is the official version.
14. Limitation on Liability
IN NO EVENT WILL ILOVEMYPLUG, 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 SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE 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 iLoveMyPlug, where control means having more than fifty percent (50%) voting stock or other ownership interest or the majority of voting rights of such entity.