Terms and Conditions

Terms of Service

Last updated: May 2024

The following terms of service (these “Terms of Service“), govern your access to and use of the Thumb Tasker website and mobile application, including any content, functionality and services offered on or through www.thumbtasker.com or the Thumb Tasker mobile application (the “Site”) by Thumb. Thumb Tasker and its subsidiaries are collectively referred hereto as “Thumb Tasker“, “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 Thumb Tasker 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 Thumb Tasker 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.

The original language of these Terms of Service, as well as all other texts throughout the Site, is English. Thumb Tasker 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 Thumb Tasker.

Services are exclusive proposals that a Seller can create in response to specific requirements of a Buyer, or the services they offer for buyers to purchase.

Taskers are sellers who offering services or products for buyers to purchase.

Logo Design is an original design for a logo uploaded by a Seller through Thumb Tasker.

Order Page is where Buyers and Sellers communicate with each other in connection with an ordered task.

Orders are the formal agreements between a Buyer and Seller after a purchase was made from the Seller’s product page.

Sellers or Freelancers are users who offer and perform services through Services on Thumb Tasker.

 

2. Overview

• Only registered users may buy and sell on Thumb Tasker. 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.

• Services on Thumb Tasker may be offered at a base starting price of $5. Some services are offered at a base price of more than $5 as determined by the Seller.

• Buyers pay Thumb Tasker in advance to create an order (see Payment Terms).

• Orders are purchased through the Order button found on a Seller’s Services or Product 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 Thumbtasker.com.

• When purchasing a Service or Product, Buyers are granted all rights for the delivered work, unless otherwise specified by the Seller on their Services or Product Page. Note: some Services charge additional payments (through Service or Product Extras) for Commercial Use License.

• Thumb Tasker retains the right to use all published delivered works and Logo Designs for Thumb Tasker marketing and promotion purposes.

• We care about your privacy. You can read our Privacy Policy here.

• Users undertake to comply with Thumb Tasker’s Community Standards, which are a set of behavior rules and guidelines, applicable to the Thumb Tasker community and marketplace in addition to these Terms of Service, as updated from time to time.

• Thumb Tasker offers its users the Logo Maker, which allows certain Sellers to offer various original logo designs for Buyers to adjust and customize per their own specific needs, using special automated design tools. Through the Logo Maker, Buyers purchase full commercial use rights to the Logo Design embedded with their brand name.

•  If you are buying on Thumb Tasker Pro, an end-to-end solution for businesses with curated freelance talent, please refer to Thumb Tasker Pro Terms of Service.

3. Sellers

 

3.1 Basics

• Sellers create Services on Thumb Tasker to allow Buyers to purchase their services.

• Sellers may also offer Custom Offers to Buyers in addition to their Services.

• Each Service or Product you sell and successfully complete, accredits your account with a revenue equal to 80% of the purchase amount.

• Thumb Tasker 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 Services or any Thumb Tasker content via the Google Ads platform.

• The Seller’s rating is calculated based on the order reviews posted by Buyers or Pro Account Team Members (for Thumb Tasker Pro). 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 Services®

• Sellers are allowed to post a select amount of active Services based on their level status.

• Services created on Thumb Tasker are User Generated Content.

• Services and/or users may be removed by Thumb Tasker 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 Services

• Spam, nonsense, or violent or deceptive Services

• Services misleading to Buyers or others

• Reselling of regulated goods

• Offering to prepare academic works on behalf of Buyers

• Low quality services or deliveries

• Promoting Thumb Tasker and/or Thumb Tasker 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 that are removed for violations mentioned above, may result in the suspension of the Seller’s account.

• Services that are removed for violations are not eligible to be restored or edited.

• Services may be removed from our listings due to poor performance and/or user misconduct.

• Services may include pre-approved website URLs contained within the Service or Product description and requirements box. Services containing websites promoting content, which violates Thumb Tasker’s Terms of Service and/or our Community Standards, will be removed.

• Services are required to have an appropriate Service or Product image related to the service offered. Sellers must deliver the same quality of service as shown on their Service or Product images. Recurring deliveries that don’t match the quality shown on the Service or Product images may lead to the Seller’s account losing Seller status or becoming permanently disabled.

• Services may contain an approved Service or Product Video uploaded through the Service or Product management tools available on Thumb Tasker.

• Statements on the Services or Product Page that undermine or circumvent these Terms of Service is prohibited.

• Eligible Services may set up Service or Product Packages to offer their services in structured formats with multiple price points for the selected Service or Product.

3.3 Shipping Physical Deliverables

Some of the services on Thumb Tasker are delivered physically (arts and crafts, collectable items, etc.). For these types of Services, Sellers may decide to define a shipping pricing factor.

• Services that include a shipping pricing factor must have physical deliverables sent to Buyers.

• Shipping costs added to a Service or Product only pertains to the cost Sellers require to ship physical items to Buyers.

• Important: Buyers who purchase Services that require physical delivery, will be asked to provide a shipping address.

• Sellers are responsible for all shipping arrangements once the Buyer provides the shipping address.

• Thumb Tasker does not handle or guarantee shipping, tracking, quality, and condition of items or their delivery and shall not be responsible or liable for any damages or other problems resulting from shipping.

• A tracking number is a great way to avoid disputes related to shipping. We require entering the tracking number if available in the Order Page when delivering your work.

4. Buyers

4.1 Basics

• You may not offer direct payments to Sellers using payment systems outside of the Thumb Tasker platform.

• Thumb Tasker retains the right to use all publicly published delivered works for Thumb Tasker marketing and promotional purposes.

4.2 Purchasing

• Please refer to the Payment Terms for making Payments through the Thumb Tasker 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 Thumbtasker.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 Thumb Tasker order number.

• Sellers must deliver completed files and/or proof of work according to the service that was purchased and advertised on their Service or Product.

• 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 Thumb Tasker’s  Customer Support department for assistance. For more information about disputes, Order cancellations and refunds please refer to the Payment Terms.

• Certain Services 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 Thumb Tasker 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 Thumb Tasker 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. Thumb Tasker’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 Service or Product, 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 Services. 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 reputation.

• Sellers must send completed files and/or proof of to mark the Order as Completed.

• Users are responsible for scanning all transferred files for viruses and malware. Thumb Tasker 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 Thumb Tasker’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 Thumb Tasker platform, will result in a permanent suspension of all related accounts.

• Withholding the delivery of services, files, or information required to complete the Service or Product’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 the applicable review period has passed, all posted reviews are made public.

• Work Samples are added to a Seller’s Live Portfolio on their Services or Product 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 Thumb Tasker’s  Customer Support department for assistance. For more information about disputes, Order cancellations and refunds please refer to the Payment Terms.

7. User Conduct and Protection

Thumb Tasker enables people around the world to create, share, sell and purchase many service they need at an unbeatable value. Services offered on Thumb Tasker reflect the diversity of an expanding Service or Product economy. Members of the Thumb Tasker community communicate and engage through orders, social media, and on Thumb Tasker’s Community Forums.

Thumb Tasker maintains a friendly, community spirited, and professional environment. Users should keep to that spirit while participating in any activity or extensions of Thumb Tasker. This section relates to the expected conduct users should adhere to while interacting with each other on Thumb Tasker.

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.

8.1 Basics

• Thumb Tasker does not provide any guarantee of the level of service offered to Buyers.

• Thumb Tasker does not provide protection for users who interact outside of the Thumb Tasker platform.

• All information and file exchanges must be performed exclusively on Thumb Tasker’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.

• Thumb Tasker 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 Thumb Tasker to contract, engage with, or pay outside of Thumb Tasker.

8.2 Orders

• 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 Trust & Safety 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.

8.3 Services

• Users may report Services to Customer Support that may be in violation of Thumb Tasker’s Terms of Service based on the reported Service or Product’s replicated similarity to pre-existing services (copycat Services).

• 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.

 

8.4 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 Trust & Safety team. To protect individual privacy, the results of the investigation are not shared. You can review our Privacy Policy for more information.

 

8.5 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 Trust and Safety 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.

Non-Permitted Usage

• Adult Services & Pornography – Thumb Tasker does not allow any exchange of adult oriented or pornographic materials and services.

• Inappropriate Behavior & Language – Communication on Thumb Tasker should be friendly, constructive, and professional. Thumb Tasker 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 Services 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 Thumb Tasker will not be protected by our Terms of Service.

• Authentic Thumb Tasker Profile – You may not create a false identity on Thumb Tasker, misrepresent your identity, create a Thumb Tasker 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. Thumb Tasker 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.).

• Fraud / Unlawful Use – You may not use Thumb Tasker for any unlawful purposes or to conduct illegal activities.

Abuse and Spam

• Multiple Accounts – To prevent fraud and abuse, users are limited to one active Thumb Tasker account and one active Thumb Tasker Pro account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the Thumb Tasker community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations of Thumb Tasker’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 Thumb Tasker. This includes creating new multiple accounts to harass members through our message or ordering system.

• Selling Accounts – You may not buy or sell Thumb Tasker 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 Thumb Tasker and protected by copyright, trademark, and other intellectual property laws. Thumb Tasker are all registered trademarks owned exclusively by Thumb Tasker. 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, Thumb Tasker 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 Thumb Tasker with any comments, suggestions or other feedback regarding the Thumb Tasker platform or the Site as a whole, as well as other Thumb Tasker products or services (collective, the “Feedback”), you will be deemed to have granted Thumb Tasker an exclusive, royalty-free, fully paid up, perpetual, irrevocable, worldwide ownership rights in the Feedback. Thumb Tasker 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

• Thumb Tasker 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 Thumb Tasker’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 Thumb Tasker.

• 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 Thumb Tasker’s  dispute resolution tools (‘Resolution Center’ on the order page) or by contacting Thumb Tasker Customer Support.

• Thumb Tasker may make changes to its Terms of Service from time to time. When these changes are made, Thumb Tasker will make a new copy of the terms of service available on this page.

• You understand and agree that if you use Thumb Tasker after the date on which the Terms of Service have changed, Thumb Tasker 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 Thumb Tasker by our users (Buyers and Sellers) is User Generated Content. Thumb Tasker 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 Thumb Tasker 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, Thumb Tasker is not responsible for the content, quality or the level of service provided by the Sellers (even if they are Pro Freelancers, Top Rated Sellers, offer Promoted Services or otherwise). We provide no warranty with respect to the Services, their delivery, any communications between Buyers and Sellers, and the Logo Designs created through the Logo Maker. 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 Thumb Tasker. Sellers advertising online their Service or Product or Logo Design created through the Logo Maker 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 Service or Product or Logo Design from the Logo Maker, as applicable, and may lead to the suspension of Seller’s account.

Note that it is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

11. Ownership

Ownership and limitations: When purchasing a Service or Product on Thumb Tasker, unless clearly stated otherwise on the Seller’s Services or Product 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 Service or Product, 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 Services (including for custom created work) charge additional payments (through Service or Product Extras) for a Commercial Use License. This means that if you purchase the Service or Product 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 a Service or Product Extra and will have broader rights that cover your business use.

Furthermore, users (both Buyers and Sellers) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to Thumb Tasker, including Service or Product texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by Thumb Tasker for no consideration for marketing and/or other purposes.

11.1 Service or Product Commercial Use License

By purchasing a “Commercial Use License” with your Service or Product Order, the Seller grants you a perpetual, exclusive, non-transferable, worldwide license to use the purchased delivery for Permitted Commercial Purposes. For the avoidance of doubt, the Seller retains all ownership rights. “Permitted Commercial Purposes” means any business related use, such as (by way of example) advertising, promotion, creating web pages, integration into product, software or other business related tools etc., and strictly excludes any illegal, immoral or defamatory purpose. This License is subject to Thumb Tasker’s Terms of Service. There is no warranty, express or implied, with the purchase of this delivery, including with respect to fitness for a particular purpose. Neither the Seller nor Thumb Tasker will be liable for any claims, or incidental, consequential or other damages arising out of this license, the delivery or your use of the delivery.

 

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 THUMB TASKER NOR ANY PERSON ASSOCIATED WITH THUMB TASKER 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 Amazon or 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 noninfringement.

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 THUMB TASKER, 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 Thumb Tasker, where control means having more than fifty percent (50%) voting stock or other ownership interest or the majority of voting rights of such entity.